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The Defects Notice shall specify the date by which Developer must remedy the specific defects identified in the Defects Notice in order to avoid action by the City, which date, except in the case of an emergency situation, shall be no less than fifteen (15) days after Developer's actual receipt of the Defects Notice. If the City determines a hazardous situation exists which must be remedied immediately ("emergency situation'% then the City will provide written notice to Developer specifying the emergency situation must be remedied within twenty-four (24) hours or such other time as may be mutually agreed upon by the Parties. If after notice from the City Developer fails to correct the specific defects identified in the Defects Notice within the time period specified in the Defects Notice, the City shall have the right to remedy the specific defects identified in the Defects Notice.. City or its assignees shall have the right of access, ingress and egress upon and across the Maintenance Areas as may be necessary to complete such remedial work. The City may retain, as its election, its own contractors, or the Developer's contractors, or other third party maintenance company to complete the remedial work. Any costs incurred by the City for the remedial work needed to remedy the specific defects identified in the Defects Notice shall, unless patently unreasonable, be borne solely by the Developer. The City shall provide a written itemized invoice and back-up documentation for such costs (e.g., documentation evidencing the number of worker hours spent performing the remedial work, receipts for the purchase of any materials or lease of any equipment needed to perform the remedial work, mechanics' lien releases, etc.) to Developer within thirty (30) days' after the completion of the remedial work. Developer shall remit payment to the City within thirty (30) days from Developer's receipt of the invoice and back-up documentation. The Parties agree that any remedial work undertaken by the City under this section shall not terminate the maintenance obligations of Developer under this Agreement. 5. Indemnification. Developer hereby covenants and agrees to indemnify, defend (with legal counsel selected by Developer and reasonably acceptable to City), and hold City, its officers, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys' and other fees) arising from or in any way connected to any injury to persons or damage to property caused by the negligence or willful misconduct of Developer or its agents during any installation or maintenance activities by Developer or its contractors or agents in the Maintenance Area. 6. Assignment. Developer shall have the right, upon written notice to the City, to assign all of Developer's rights and obligations set forth in this Agreement to a homeowners association ("Association's formed to manage the residential project to be constructed on the Developer Property. Developer hereby covenants and warrants for itself, and for its successors and assigns, that any deed or other instrument conveying fee title to any portion of the Developer Property to the Association shall expressly state and require that the Association assume all of the Developer's obligations under this Agreement. Upon recording the Declaration of Covenants, Conditions and Restrictions for Developer Property, and after assigning Developer's rights and obligations under this Agreement to the Association, the Association shall have all rights and obligations of Developer set forth in this Agreement, and Developer shall thereafter have no further rights, liabilities or obligations under this Agreement and shall be automatically released from all liability under this Agreement. The written notice of the assignment to the Association of the Developer's rights and obligations under this Agreement shall contain SNaH:485365450.6 -3-