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out of their respective acts or omissions in connection with their respective use, maintenance, or lack of maintenance of the portion of the easements described in paragraphs 2 and 7 hereof, or in connection with their use (whether authorized or not) of the property of BMC or the City adjoining those easements. Hernandez, Dorsett and Ditching agree herein to indemnify BMC and the City with respect to their individual acts and omissions only, and do not indemnify any party with respect to any acts or omissions other than their own. That is, Hernandez makes no indemnity with respect to acts or omissions of Dorsett or Ditching, and vice versa. 9. BMC agrees to indemnify and hold harmless Hernandez, Dorsett, Ditching, and the City from and against all liability for injury or damage arising out of or alleged to have arisen out of BMC's acts or omissions upon land adjoining the easements described in Paragraphs 2 and 7 hereof. 10. This agreement, the easements herein granted, and the obligations herein assumed are appurtenant to the land benefitted and burdened thereby, and shall run with the land of each party hereto which is either benefitted or burdened by the easements and agreements herein contained. 11. This agreement, and the easements herein granted may be amended, modified, or terminated only by written agreement signed by all persons having an interest therein, whether as a party hereto or as a successor in title to property benefitted or burdened by this Agreement; provided, however, any covenant herein or easement granted herein may be amended by written agreement signed by only those of such persons who are benefitted or burdened by the amendment. EXECUTED this lOth of July , 1990. BMC REAL ESTATE, INC. BY: THOMAS HALL, Vice President and General Manager CITY OF SAN MARCOS BY: LARR ity Manager -5-