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SECTION 10: INDEMNIFICATION The Property Owner shall indemnify. hold harmless and defend the City and its authorized agents, officers. officials and employees from and against any and all claims. demands. suits. damages, liabilities, losses, accidents, casualties, occurrences. claims and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the City. In the event a claim is asserted against the City, its authorized agents. officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the City, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands. suits. damages. liabilities, losses, accidents, casualties, occurrences, claims and payments, includinganorney fees claimed which arise due solely to the negligence or willful misconduct of the City. SECTION 11: NO ADDITIONAL LIABILITY It is the intent of this agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. SECTION 12: PERFORMANCE FINANCIAL ASSURANCE The City may request the Property Owner to provide a performance bond, security or other appropriate financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the City's ordinances. guidelines. criteria or written direction. SECTION 13: TRANSFER OF PROPERTY This Agreement shall run with the title to the land. The Property Owner further agrees whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to. bind and be obligatory to all present and subsequent owners of the Property. SECTION 14: SEVERABILITY The provisions of this Agreement shall be severable and if any phrase, clause. section, subsection, paragraph. subdivision. sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase. clause, section, subsection. paragraph, subdivision, sentence or provision of this Agreement. SECTION 15: RECORDATION This Agreement shall he recorded by the Property Owner. or by the City by mutual agreement, within 15 days after the execution date of this Agreement as stated above among the deed records of the County Recorder's Office of the County of Alameda. California at the Property Owner's expense. 4