5. Carnoustie’ acknowledges the sale of the Land to it by the City was conditional on its agreeing to the terms of this Covenant and that Carnoustie persuaded the City to sell the Golf Course to it only by agreeing to restrict its actions in the manner set out herein. 6. The Grantor hereby indemnifies and saves harmless the City from all loss, damage, costs, actions and suits which the City may suffer or incur or be put to of whatsoever kind or howsoever arising, whether known or unknown, suspected or unsuspected, which in any way results or arises by virtue of the granting or existence of this Covenant. 7. This Agreement runs with the land; and it enures to the benefit of and is binding on the parties hereto and their respective successors and assigns; and every reference in this Agreement to each party includes where the context so requires’ the officers, employees, agents, servants, successors and assigns of each party; and wherever the singular or masculine is used, the same shall be deemed to include the feminine, the plural or body politic or corporate as the context so requires; and this Agreement is binding NOTWITHSTANDING any rule of law or equity to the contrary. IN WITNESS WHEREOF the Corporate Seal of the City was hereunto affixed in the presence of: Signature of Official Title of Official IN WITNESS WHEREOF the Corporate Seal of Carnoustie was hereunto affixed in the presence of: Authorized Signatory Authorized Signatory NS Smee See mee Set See ee Neer ee See ee Nt ee ee ee Ne Ne ee ee ee HEAL OEE 6 vat tates MP neh hel ga da ORNL ab ee Bead