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the date of recordation of such a Notice. Any lien in favor of the Agency created or claimed <br />hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good <br />faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien <br />describing such lien as aforesaid, and no such lien shall in any way defeat, invalidate, or impair the <br />obligation or priority of any such mortgage or deed of trust, unless the mortgage or beneficiary <br />thereunder expressly subordinates his interest, of record, to such lien. No lien in favor of the Agency <br />created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority <br />of any lease, sublease or easement unless such instrument is expressly subordinated to such lien. <br />Upon foreclosure of any mortgage or deed of trust made in good faith and for value and recorded <br />prior to the recordation of any unsatisfied Notice of Claim of Lien, the foreclosure -purchaser shall <br />take title to the Property free of any lien imposed by the Agency that has accrued up to the time of <br />the foreclosure sale, and upon taking title to the Property, such foreclosure -purchaser shall only be <br />obligated to pay costs associated with this Agreement accruing after the foreclosure -purchaser <br />acquires title to the Property. If the Property is ever legally divided with the written approval of the <br />Agency and fee title to various portions of the Property is held under separate ownerships, then the <br />burdens of the maintenance obligations set forth herein and in this Agreement and the charges levied <br />by the Agency to reimburse the Agency for the cost of undertaking such maintenance obligations of <br />Developer and its successors and the lien for such charges shall be apportioned among the fee owners <br />of the various portions of the Property under different ownerships according to the square footage of <br />the land contained in the respective portions of the Property owned by them. Upon apportionment, <br />no separate owner of a portion of the Property shall have any liability for the apportioned liabilities <br />of any other separate owner of another portion of the Property, and the lien shall be similarly <br />apportioned and shall only constitute a lien against the portion of the Property owned in fee by the <br />owner who is liable for the apportioned charges levied by the Agency and secured by the apportioned <br />lien and against no other portion of the Property. Developer acknowledges and agrees City and <br />Agency may also pursue any and all other remedies available in law or equity. Developer shall be <br />liable for reasonable attorneys' fees, and other legal costs or fees incurred in collecting said <br />maintenance costs. <br />(g) Compliance with Law. Developer shall comply with all local, state <br />and federal laws relating to the uses of or condition of the Property and the Adjacent City Property. <br />(h) Workers Compensation Insurance Requirements. Developer shall <br />obtain and maintain during all such periods as Developer is responsible for development on the <br />Property or for the maintenance of the Adjacent City Property workers' compensation insurance and <br />if any work is subcontracted by Developer, then Developer shall require the subcontractor similarly <br />to provide workers' compensation insurance. Developer agrees to indemnify City and Agency for <br />any damages resulting to it from failure of either Developer or any subcontractor to obtain or <br />maintain such insurance. <br />(i) Bodily Injury and Damage Insurance Requirements. The Developer <br />shall defend, assume all responsibility for and hold the Agency and the City and their officers, <br />employees, and agents, harmless from, all claims or suits for, and damages to, property and injuries <br />to persons, including accidental death (including attorneys fees and costs), which may be caused by <br />any of the Developer's activities under this Agreement (including without limitation the Exhibits <br />thereto), whether such activities or performance thereof be by the Developer or anyone directly or <br />indirectly employed or contracted with by the Developer. <br />17 <br />DOCS00701700v6\24258.0001 <br />