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the Property described in paragraph A. above shall in no way be the obligation or responsibility <br />of the City. BNSF shall indemnify, hold harmless and defend the City, its officers and <br />employees against any and all liability, loss, costs, damages, expenses, claims or actions, <br />including attorney's fees, which the City, its officers or employees may hereafter sustain, incur <br />or be required to pay, as a result of the use of the Property by BNSF and the City's access and <br />use of the Property as herein described. <br />D. RESTORATION. BNSF, shall upon expiration of the Agreement or BNSF's <br />earlier surrender of the Property, seed and restore the area impacted by it's use of the Property to <br />a similar condition as exists on the date of this Agreement. <br />E. TERM. The term of this Agreement shall be from the date hereof through <br />August 1, 2011 or until the mitigation work is complete, whichever occurs first, at which time <br />BNSF's license to use the Property shall expire with the following exception: <br />(1) The City shall retain the right to terminate this Agreement with thirty (30) <br />days written notice to BNSF. <br />