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the non-defaulting Owner for the costs incurred by defaulting Owner in the exercise of such
<br />rights.
<br />(b) Except in the event of a default and termination pursuant to Paragraph
<br />2(c), in the event of any other default hereunder, notwithstanding Paragraph 5(a), such default
<br />shall not permit either party to terminate this Agreement nor terminate or otherwise impair the
<br />rights of Heinen's, it being the express understanding that this Agreement shall continue in effect
<br />notwithstanding any other default hereunder.
<br />6. Covenants Running with Land. The provisions of this Agreement, all of the
<br />easements, covenants and agreements set forth in this Agreement, are intended to be and shall be
<br />construed as covenants running with the.land and shall be binding upon, and inure to the benefit
<br />of Supermarket Parcel and Village Parcel, respectively, as the case may be, and also upon
<br />Heinen's and Village and their respective successors and assigns. This Agreement may be
<br />amended only by a written instrument in recordable form executed and acknowledged by the fee
<br />owners of Supermarket Parcel and Village Parcel.
<br />7. Taxes and Assessments. Heinen's shall pay to the Village, within thirty (30) days
<br />of receipt of the written invoice therefor from Village, any and all real estate taxes or
<br />assessments, both general and special, to the extent levied against the North Entrance Area on or
<br />after the date of this Agreement.
<br />8. Indemnitv and Insurance. Heinen's agrees to indemnify, defend and save the
<br />Village free and hannless from and against any damage, loss or liability for injury to or death of.
<br />persons and/or loss or damage to property occasioned by, growing out of, or arising or resulting
<br />from Heinen's use of the North Entrance Area, Heinen's default hereunder or from any other act
<br />or omission of Heinen's, its agents or employees. Heinen's shall also, at its sole cost and
<br />expense, carry public liability insurance with at least One Million Dollars ($1,000,000.00)
<br />personal and bodily injury and One Million Dollars ($1,000,000.00) property damage limits,
<br />with the Village named as an additional insured, and which policy shall provide that the same
<br />may not be canceled or terminated except upon at least thirty (30) days prior written notice to the
<br />Village, and a copy of such policy or certificate thereof shall be kept on deposit with the Village.
<br />9. Mechanics' Liens and Other Liens. If, because of any act or omission (or alleged
<br />act or omission), of Heinen's, any mechanic°s or other lien, charge, or order for the payment of
<br />money or any other encumbrance shall be filed against the Village Parcel (whether or not such
<br />lien, charge, order, or encumbrance is valid or enforceable as such), Heinen's shall, at its sole
<br />cost and expense, cause the same to be discharged of record or bonded within thirty (30) days
<br />after notice to Heinen's of the filing thereof; and Heinen°s shall indemnify, defend and save
<br />hannless the Village and/or the Village Parcel from and against any and all costs, liabilities,
<br />suits, penalties, claims, losses, damages, demands and expenses (including attorneys' fees and
<br />court costs), resulting from or in any way connected therewith. In the event Heinen's fails to
<br />comply with the foregoing provisions of this Paragraph, and fails to cure within thirty (30) days
<br />following notice to Heinen's of the filing of such lien, in addition to any and all other remedies
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