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cannot be performed, by the Association within twenty-four (24) hours of receipt of such notice thereof, which notice may be sent by facsimile, the City may perform or cause to be performed such maintenance at the Association's expense, and the Association, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance. 5. Indemnity. The Association shall indemnify, defend, and hold harmless the City, its employees, Council, commissions, and agents from any loss, claims, liability, or expenses, including reasonable attorney's fees and costs, for personal injury or death, or property damage, arising out of or in connection with the activities of the Association or its employees or agents in the performance of its maintenance obligations, or lack thereof, under this Agreement. 6. Duration. This Agreement shall run with the land for the duration of the Laguna Oaks Planned Unit Development and shall be binding upon the transferees, successors, and assigns of the parties hereto. Amendments may occur by written consent of both parties. 7. Venue. The venue for any action to interpret or enforce this Agreement shall be the appropriate court in Alameda County, California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first hereinabove written. LAGUNA OAKS PLEASANTON OWNERS ASSOCIATION By: ~ By: CITY OF PLEASANTON ~~~ By: Deborah A. Acosta City Manager Pegg 3