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shall remove all of its improvements from the Easement Area at its sole <br />cost and expense, and shall return the Easement Area to its preexisting <br />condition or better. <br />D. Condition of Premises not Warranted. The City does not warrant that the <br />Easement Area is suitable for the purposes for the Project and the Rotary Club assumes all risk <br />with respect to the Project's construction and maintenance within, and use of, the Easement <br />Area. More specifically, the City shall have no responsibility with regard to any failure of or <br />damage to the Rotary Club's improvements within the Easement Area. <br />E. Maintenance. The Rotary Club at its expense shall be entirely responsible for <br />maintenance of the Project and the Easement Area. <br />F. Construction. The Rotary Club at its expense shall be responsible for grading, <br />other care work and construction of the Project. <br />G. Utilities. In the event the Rotary Club requires lighting for its monument <br />component of the Project, it shall be responsible to install at its expense separate metered electric <br />service and pay the on -going electric utility expense. <br />H. Indemnification. The Rotary Club shall defend, indemnify and hold harmless <br />the City and its officers, employees and agents from and against any and all claims, demands, <br />actions, and causes of action, including expenses, reasonable attorneys' fees, and costs of <br />alternative dispute resolution, arising out of or related to the Rotary Club's construction and <br />maintenance of the Project within, and use of, the Easement Area. <br />I. Governing Law. This Agreement shall be governed by and construed and <br />enforced in accordance with the laws of the State of Minnesota. <br />J. Entire Agreement. This Agreement shall constitute the entire agreement of the <br />parties and any prior understanding or representation of any kind preceding the date of this <br />Agreement shall not be binding upon either party except to the extent incorporated in this <br />Agreement. <br />K. Modification of Agreement. Any modification of this Agreement shall be <br />binding only if evidenced in writing signed by both parties. <br />L. Recording. This Agreement may be recorded with the Anoka County Recorder <br />by either party at the expense of that party. <br />3 <br />