FIRST AMERICAN FINANCIAL CORPORATION (5)

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3. FIRST AMERICAN agrees to properly maintain said Indian Laurel trees by performing all duties associated with the care of said trees, including, but not limited to spraying, pruning and deep watering. Should said trees become so diseased that they pose a threat to. other vegetation, or should they die, FIRST AMERICAN agrees to replace said trees upon the prior written approval of CITY. 4. FIRST AMERICAN agrees to periodically inspect said trees and the sidewalk and curb surrounding said tree wells, and agrees to assume full responsibility for any future sidewalk or curb damage caused by said trees and will replace or repair said sidewalk or curb should any damage arise. Said repair or replacement shall be made within two (2) weeks after being informed of any damage. 5. FIRST AMERICAN agrees, to assume all costs and ex- penses incurred .due to the planting; maintaining; and replacing said trees. FIRST AMERICAN also agrees to assume all. costs and expenses for the replacing or repair of all sidewalks or curbs damaged by said trees. 6. FIRST AMERICAN, on behalf of itself, its successors, assigns, officers, employees and agents, agrees to indemnify and hold harmless CITY, its officers, employees, agents, successors and assigns, from any and all loss ordamage, and from any .and all liability for any and all loss or damage, and from any and all suits, actions and claims filed and brought by any .person or .persons, how- ever caused, arising out of. FIRST AMERICAN'S performance or failure to perform, any or all things necessary to and required to be done by it pursuant to this Agreement. This Agreement shall be terminated by either party upon the breach by .the other party of any of the.conditions and.cove-- nants contained herein, or upon mutual written agreement of the parties. -2-