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3. Liability and Indemnification. To the extent allowed by law, the CITY hereby agrees <br />to indemnify and save the LANDOWNER harmless from and against any and all suits, demands, <br />liabilities, costs and other expenses, including reasonable attorney's fees, incurred in connection <br />with or arising out of the use of the Easement Area by the CITY, its contractors and agents, or <br />the general public, for the purposes granted herein, excluding, however, from such indemnity loss <br />resulting from negligent or intentional acts of LANDOWNER. <br />4. Flo Waiver of Governmental Immunity. Nothing contained herein shall be deemed a <br />waiver by the CITY of any governmental immunity defenses, statutory or otherwise. Further, any <br />and all claims brought by LANDOWNER, its successors or assigns, shall be subject to any <br />governmental immunity defenses of the CITY and the maximum liability limits provided in <br />Minnesota Statute Chapter 466. <br />5. Disposal ofExeavated Material. The right is hereby granted to the CITY to remove or <br />otherwise dispose of all earth or other material excavated from the Easement Area as the CITY <br />may deem fit and to remove trees, brush, undergrowth and other obstructions interfering with the <br />location, construction and maintenance of the Easement Area, except any landscaping required by <br />any site plan or ordinance adopted by the CITY. <br />6. Granting Clause. LANDOWNER covenants that it is the fee owner of the Easement <br />Area and has the right, title, and capacity to grant the Easement for the purposes described herein. <br />IN WITNESS WHEREOF, the LANDOWNER has caused this Easement Agreement to be <br />executed on this the day of Fix,tua , 2019. <br />CAR LAZ MN AN L.L.C. <br />a Delaware limited liability company <br />By: Capital Automotive Real Estate Services, Inc. <br />a Delaware corporation <br />its Manager <br />By: <br />Name: <br />Title: \i P «% .cre- <br />2 <br />