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by or through it on the Protected Land of the terms of this Open Space Easement. Owner <br />shall incorporate by reference the terms of this Open Space Easement in all deeds or other <br />legal instruments by which they transfer any interest, including a leasehold interest, in all <br />or part of the Protected Land. Owner shall give sixty (60) days prior written notification to <br />the City of a transfer of all or any part of fee title to the Protected Land. <br />18. Costs and Liabilities. Owner retains all obligations and shall bear all costs <br />and liabilities of any kind accruing from their ownership of the Protected Land including the <br />following responsibilities: <br />a. Owner shall remain solely responsible for the operations, upkeep, and <br />maintenance of the Protected Land. Owner shall keep the Protected Land free <br />of all liens arising out of work performed for, materials furnished to, or <br />obligations incurred by Owner. <br />b. Owner shall pay all taxes, special assessments and other assessments levied <br />against the Protected Land. <br />c. Owner shall remain solely responsible for maintaining liability insurance for <br />its uses of the Protected Land and the Protected Land itself. Liability <br />insurance policies maintained by the Owner covering the Protected Land will <br />name the City as an additional named insured. Owner shall hold harmless, <br />indemnify, and defend the City from and against all liabilities, penalties, costs, <br />losses, damages, expenses, causes of action, claims, demands, or judgments, <br />including, without limitation, reasonable attorney's fees, arising out of or <br />relating to (i) personal injury, data or property damage resulting from an act, <br />omission, or condition on or about the Protected Land unless due solely to the <br />negligence or willful act of the City (ii) the obligations retained by Owner to <br />maintain the Protected Land and pay taxes in Paragraphs l 8(A) and (B), and <br />(iii) the existence of this Open Space Easement. <br />19. Enforcemellt. If the City finds at any time that Owner has breached or may <br />breach the terms of this Open Space Easement, the City may give written notice of the <br />breach to Owner and demand action to cure the breach including, without limitation, <br />restoration of the Protected Land. If Owner does not cure the breach within thirty days of <br />notice, the City may commence an action to (i) enforce the terms of this Open Space <br />Easement (ii) enjoin the breach, ex parte if needed, either temporarily or permanently, (iii) <br />recover damages, (iv) require restoration of the Protected Land to its condition prior to <br />Owner's breach, and (v) pursue any other remedies available to it in law or equity. If the City <br />6