DAVIS - RIGHT OF ENTRY AND INDEMNIFICATION AGMT

• • against any loss, damage, liability or expense (including, but not limited to, attorneys' fees and costs incurred in defending against any claim against the Indemnified Party) arising out of or resulting from any entry upon, or activities on or about, the Property by the City, or any agent, representative or contractor of the City (including, but not limited to, The Prudential Insurance Company of America). This indemnity and hold harmless covenant shall include, but not be limited to, any claims for persona injury or damage to property or any claims or liens of persons supplying labor, materials and supplies to or for the Property. If the City should receive notice of any claim covered by this indemnity, the City shall immediately notify Davis of the existence of such claim and undertake the defense of such claim. 3. Operative Date. This Agreement shall take effect immediately upon the purchase by Davis of Parcel A of Parcel Map 4419, or the date of execution, whichever comes later. In the event Davis does not purchase Parcel A of Parcel Map 4419, this Agreement shall have no :force nor effect. 4. Lapse of Right-of-Entry. This right-of-entry shall terminate upon the completion of the realignment project described in Section 1. 5. Attorney's Fees. If any legal proceeding shall be commenced to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees and court costs as determined to be appropriate by the court. THIS AGREEMENT is entered into as of the day and yearFfirst above written. ~~......._ .. __~ , s~ '' N land M. Davis Ve is E. Davis CITY: CITY OF LEASANT N By eth R. ercer, Mayor ATTES': /~G'i~izGc~~ (,~/a J mes R. Walker, City Clerk A~ROVED AS TO FORM: r ~,rr ! ~~-~~-~1;6 l~. J ~~~~~ e~~~r~ Peter D. MacDonald, City Attorney - 2 -