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Section 4 Indemnification. <br />a. The record owner of the Parking Deck Tract shall indemnify and hold the record owners of the <br />Condominium Units and the Association, and their respective successors and assigns, harmless from and <br />against any loss, damage, expense and/or liability, including court costs and reasonable attorneys' fees, <br />incurred or suffered by any one or more of the record owners of the Condominium Units or the Association, <br />or their respective successors and assigns, as a consequence of (i) any damage, repair or alteration to any part <br />of the Condominium resulting from any failure on the part of the record owner of the Parking Deck Tract to <br />maintain the components of the Storm Sewer System lying in, under, on or upon the Parking Deck Tract in <br />good and operable condition, or (ii) any failure on the part of record owner of the Parking Deck Tract to <br />comply with any provision of this Agreement. <br />b. The record owners of the Condominium Units and/or the Association shall indemnify and hold <br />the record owner of the Parking Deck Tract, and its successors and assigns, harmless from and against any <br />loss, damage, expense and/or liability, including court costs and reasonable attorneys' fees, incurred or <br />suffered by the record owner of the Parking Deck Tract, or its successors and assigns, as a consequence of (i) <br />any damage, repair or alteration to any part of the Parking Deck Tract resulting from any failure on the part of <br />the record owners of the Condominium Units or the Association to maintain the components of the Storm <br />Sewer System lying in, under, on or upon the Common Elements in good and operable condition, or (ii) any <br />failure on the part of by the record owners of the Condominium Units and/or the Association to comply with <br />any provision of this Agreement. <br />Section 5 Amendment. This Agreement may be modified, amended or terminated only by a <br />written agreement signed by the record owner of the Parking Deck Tract, the record owners of the <br />Condominium Units and the Association recorded in the Office of the Register of Deeds of Orange County, <br />North Carolina. <br />Section 6 The Association. The Association joins in the execution of this Agreement for the <br />purpose of acknowledging and consenting to the easements, duties and responsibilities set forth in this <br />Agreement pertinent to the Condominium, the record owners of the Condominium Units and/or the <br />Association. <br />Section 7 Governing Law and Jurisdiction. This Agreement shall be governed, construed and <br />interpreted in accordance with the laws of the State of North Carolina. Any action to construe or interpret <br />any provision of this Agreement or to enforce any right or remedy hereunder shall be brought in the Superior <br />Court of Orange County, North Carolina or in the United States District Court for the Middle District of <br />North Carolina. Each of the parties hereto hereby consents to the exclusive jurisdiction and venue of such <br />COUrtS. <br />Section 8 Date of Agreement. The Date of Agreement shall be the date as of which all parties shall <br />have executed this Agreement as indicated below. <br />IN WITNESS W~REOF, each party has caused this Agreement to be executed by its duly <br />authorized representative(s) as of the day and year indicated below. <br />[SIGNAT'UItES BEGIN ON NEXT PAGE] <br />-4- <br />