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<br /> A. Specifications: To construct, reconstruct, use, <br /> maintain, operate and repair the Improvements in a safe and secure <br /> manner in conformance with all City of San Marcos regulations and <br /> ordinances. <br /> B. Liability: To assume the risk of and to hold harmless, <br /> <br /> indemnify and defend the City from and against all liability, <br /> claims damages, expenses, attorney's fees, and costs for injuries <br /> to and deaths of persons including employees of the City and the <br /> Housing Authority, and damages growing out of, incident to, or in <br /> any manner resulting from the construction, maintenance or use of <br /> the Improvements. <br /> ARTICLE 3. <br /> It is mutually agreed by and between the parties as follows: <br /> A. If the Housing Authority shall fail to perform any of its <br /> obligations contained in this agreement for the maintenance of the <br /> Improvements then the City may cause such maintenance to be <br /> performed, and the Housing Authority shall promptly reimburse the <br /> City the whole cost thereof, plus ten percent (10%) thereon as a <br /> charge for supervision, accounting, and use of tools or the City <br /> may terminate this agreement by giving to the Housing Authority not <br /> less than thirty (30) days' advance written notice of its intention <br /> to do so. <br /> B. Miscellaneous: (1) This agreement shall be binding upon <br /> <br /> the parties hereto, their successors and assigns. The Housing <br /> Authority agrees not to assign this agreement or any interest <br /> therein, without the consent of the City in writing. <br />