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e. The Owner, the Master Association and the Single Family Association <br />assumes all risk with respect to their activities within, and use of, the <br />Encroachment Area; and <br />f. Nothing herein shall be construed as limiting the City's right to use the <br />Encroachment Area or right -of -way. <br />4. Term and Revocation. This Agreement shall commence on the date first written <br />above and shall continue until terminated by mutual agreement of the parties or until revoked by <br />the City. The City may revoke this license and terminate this Agreement as to any part, or all, of <br />the Encroachment Area at any time upon providing the Owner, the Master Association and the <br />Single Family Association at least 60 days' written notice of revocation. The Master <br />Association's and the Single Family Association's obligation to remove the monument and to <br />indemnify the City shall survive the revocation or termination of this Agreement. <br />5. Removal of Monument. The Master Association shall be responsible, at its own <br />cost, for completely removing the monument from the Encroachment Area upon receipt of a <br />notice of revocation from the City. The Master Association shall, within a reasonable time, <br />given the time of year, remove the monument and restore the Encroachment Area to a condition <br />consistent with the surrounding property. <br />6. Removal of the Underground Sprinkler Systems. The Master Association <br />shall be responsible, at its own cost, for completely removing the underground sprinkler system <br />within the portion of the Encroachment Area that is in the 14th Street Northwest right -of -way <br />upon receipt of a notice of revocation from the City. The Master Association shall, within a <br />reasonable time, given the time of year, remove underground sprinkler system and restore the <br />Encroachment Area to a condition consistent with the surrounding property. The Single Family <br />Association shall be responsible, at its own cost, for completely removing the underground <br />sprinkler system within the portion of the Encroachment Area that is in the Northwest Parkway <br />right -of -way upon receipt of a notice of revocation from the City. The Single Family <br />Association shall, within a reasonable time, given the time of year, remove underground <br />sprinkler system and restore the Encroachment Area to a condition consistent with the <br />surrounding property. <br />7. Indemnification. The Owner shall indemnify, hold harmless and defend the <br />City, its officials, employees, contractors and agents, from and against any and all claims, losses, <br />proceedings, damages, causes of action, liability, costs or expenses (including reasonable <br />attorneys' fees), arising from or in connection with or caused by any act, omission or negligence <br />of the Owner, its contractors, licensees, invitees, agents, servants or employees in connection <br />with the construction of the monument, the landscaping and the underground sprinkler systems <br />and the use of the Encroachment Area by the Owner. The Master Association shall indemnify, <br />hold harmless and defend the City, its officials, employees, contractors and agents, from and <br />against any and all claims, losses, proceedings, damages, causes of action, liability, costs or <br />expenses (including reasonable attorneys' fees), arising from or in connection with or caused by <br />any act, omission or negligence of the Master Association, its contractors, licensees, invitees, <br />agents, servants or employees in connection with the maintenance, operation, repair, <br />improvement and replacement of the monument and the landscaping and the underground <br />449236v2 NE136 -8 <br />6405221v5 <br />