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201603301.
<br /> Section 3. Indemnification.
<br /> (a) Unless caused by the negligence or willful misconduct of SBV, HCHA
<br /> hereby agrees to defend, indemnify and hold SBV harmless from and against any and
<br /> all loss, damage, cost or expense, including, but not limited to, attorneys' fees and court
<br /> costs, which may be incurred or suffered by SBV in connection with (i) failure by
<br /> HCHA to comply fully with its obligations under this Agreement or (ii)the failure of
<br /> HCHA to comply with any and all legal obligations or to obtain and maintain any
<br /> required permits, and/or (iii)the use of Access Easement, Playground Equipment and
<br /> playground area by HCHA and their partners, officers, agents, employees, customers,
<br /> invitees, licensees, tenants, subtenants, contractors, users, owners, lessees, licensees,
<br /> invitees and guests and their respective successors and assigns. This provision shall
<br /> survive the expiration or termination of this Agreement.
<br /> (b) Unless caused by the negligence or willful misconduct of HCHA, SBV
<br /> hereby agrees to defend, indemnify and hold HCHA harmless from and against any and
<br /> all loss, damage, cost or expense, including, but not limited to, attorneys' fees and court
<br /> costs, which may be incurred or suffered by HCHA in connection with (i) failure by
<br /> SBV to comply fully with its obligations under this Agreement, (ii) the failure of SBV
<br /> to comply with any and all legal obligations or to obtain and maintain any required
<br /> permits, and/or (iii)the use of the Access Easement, Playground Equipment and
<br /> playground area by SBV and their partners, officers, agents, employees, customers,
<br /> invitees, licensees, tenants, subtenants, contractors, users, owners, lessees, licensees,
<br /> invitees and guests and their respective successors and assigns. This provision shall
<br /> survive the expiration or termination of this Agreement.
<br /> (c) SBV and HCHA shall have adequate insurance, including
<br /> comprehensive broad form general public liability insurance, covering any
<br /> construction, installation, use, operation, repair or maintenance of the playground
<br /> equipment and playground area located on HCHA Parcel, and shall provide evidence of
<br /> such insurance to HCHA or SBV, as applicable, upon request. This provision shall
<br /> survive the expiration or termination of this Agreement.
<br /> Section 4. Real Covenants. The use of playground equipment and playground area set
<br /> forth herein shall run with the land described in Exhibit A-1 and Exhibit A-2; shall remain in full
<br /> force and effect in perpetuity; and shall be unaffected by any change of ownership of the real
<br /> property described in Exhibit A-1 and Exhibit A-2, or any change in use of said property or other
<br /> circumstances, except as otherwise expressly provided for herein. Each of the rights created
<br /> under this Agreement shall be specifically enforceable in a court of equity, it being recognized
<br /> that damages at law will be inadequate in addressing any breach of the provisions hereof or a
<br /> violation of the rights created hereunder.
<br /> Section 5. Nonexclusive Shared Use. The shared use granted herein are not exclusive,
<br /> and HCHA hereby reserves unto itself and to the other present and future owners of the HCHA
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