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3. Liability and Indemnification. <br /> To the extent allowed by law, the CITY hereby agrees to indemnify and save the <br /> LANDOWNER harmless from and against any and all suits, demands, liabilities, costs and other <br /> expenses, including reasonable attorney's fees, incurred in connection with or arising out of the <br /> use of the Easement Area by the CITY, it's contractors and agents, or the general public, for the <br /> purposes granted herein, excluding, however, from such indemnity any loss resulting from acts of <br /> LANDOWNER. <br /> 4. 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 government immunity defenses <br /> of the CITY and maximum liability limits provided in Minnesota Statue Chapter 466. <br /> 5. Disposal of Excavated Material. <br /> The right is hereby granted to the CITY to remove or otherwise dispose of all earth or other <br /> material excavated from the Easement Area as the CITY may deem fit, and to remove trees,brush, <br /> undergrowth and other obstructions interfering with the location, construction and maintenance of <br /> the Easement Area. <br /> 6. Granting Clause. <br /> LANDOWNER covenants that they are the fee owners of the Easement Area and have the <br /> right, title, and capacity to grant the Easement for the purposes described herein. <br /> 2 <br />