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c. Drainage and Utility. The Easement Area shall be used for purposes of the <br />construction, maintenance, repair and replacement of a storm water drainage system <br />and sanitary sewer and municipal water system and such other public utilities as <br />deemed necessary by the City, and uses incident thereto. <br />8. Hazardous Substances. <br />The CITY shall not be responsible for any costs, expenses, damages, demands, <br />obligations, including penalties and reasonable attorney's fees, or losses resulting from any <br />claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous <br />substances, pollutants, or contaminants which may have existed on, or which relate to the <br />Easement Aarea or adjacent property prior to the date hereof. <br />9. Liability and Indemnification. <br />The City hereby agrees to indemnify and save the LANDOWNER harmless from and <br />against any and all suits, demands, liabilities, costs and other expenses, including reasonable <br />attorneys' fees, incurred in connection with or arising out of the use of the Easement Area by the <br />City, its contractors and agents or the general public for the purposes granted herein, excluding, <br />however, from such indemnity and loss resulting from acts of LANDOWNER. <br />10. No Waiver of Governmental Immunity. <br />Nothing contained herein shall be deemed a waiver by the CITY of any governmental <br />immunity defenses, statutory or otherwise. Further, any and all claims brought by <br />LANDOWNER, its successors or assigns, shall be subject to any governmental immunity <br />defenses of the CITY and the maximum liability limits provided in Minnesota Statute Chapter <br />466. <br />11. Disposal of Excavated Material. <br />The right is hereby granted to the CITY to remove or otherwise dispose of all earth or <br />other material excavated from the Easement Area as the CITY may deem fit and to remove <br />trees, brush, undergrowth and other obstructions interfering with the location, construction and <br />maintenance of the Easement Area. <br />12. Granting Clause. <br />LANDOWNER covenants that it is the owner of the Easement Area and has the right, <br />title, and capacity to grant the Easement for the purposes described herein. <br />IN WITNESS WHEREOF, the LANDOWNER has caused this Easement agreement to <br />be executed on the day of , 2013. <br />PSG, LLC <br />By: <br />Its: Chief Manager <br />11 <br />