Common use of Landscape Area Clause in Contracts

Landscape Area. Owner shall be required to plant and maintain landscape screening on that portion of the Park Land shown on the landscape plan shown and legally described in Attachment B attached hereto and incorporated herein by this reference (“Landscape Area”). By this Amendment, Owner is hereby granted right-of-entry and easement to the Landscape Area on the Park Land by City. Owner shall plant and maintain the landscape screening on the Landscape Area. It is understood and agreed that Owner shall not be liable for trespass arising out of entering onto the Landscape Area for these purposes. Owner shall not be permitted to store any equipment or materials on the Landscape Area. Owner shall also provide City with forty-eight (48) hours notice by email or direct phone communication in advance of entering on the Landscape Area. Owner agrees to perform all activities authorized under this Amendment in the least obstructive manner possible to City. Owner agrees to conduct all activities in compliance with applicable federal, state, and local laws, rules and regulations, including obtaining any necessary permits, approvals, or notifications. To the fullest extent permitted by law, Owner shall release, waive, indemnify, defend and hold harmless City, its officers, agents, contractors, and employees from and against claims, damages, losses and expenses, including but not limited to, attorney’s fees, arising out of or resulting from the activities on the Landscape Area or Park Land that results in any claim for damage, including without limitation, any bodily injury, sickness, disease, death, or damage to tangible or intangible property, including any loss of use resulting therefrom that is caused in whole or in part by the acts or omission of Owner, its employees, agents, contractors or other duly authorized representatives or designees. City does not waive its governmental immunity and fully retains all immunities and defenses provided by law. This section survives termination of the Agreement or Amendment.