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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 arisingout of the <br />- <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. r' <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 anygoverment immunitydefenses <br />g <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 />1 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 />