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Little Canada or their employees, agents, contractors, and consultants. <br />Schmidt, Sprosty, and Ken will also obtain Consents to Easements from all <br />appropriate parties. <br />5. COSTS. Little Canada shall bear the cost of constructing the pond as described <br />in paragraph 2 herein. Schmidt, Sprosty, and Kerr, and all of their respective <br />successors and assigns, jointly and individually, shall bear the costs associated <br />with turf establishment and landscaping around the pond and responsibility for <br />ongoing turf maintenance of the pond including any costs associated with future <br />alterations to the pond or drainage system; with said alterations to require prior <br />approval by Little Canada. <br />6. INDEMNIFICATION. Schmidt, Sprosty, and Kerr, and all of their respective <br />successors and assigns, jointly and individually, covenant and agree to <br />indemnify, defend and hold Little Canada harmless from and against any and <br />all claims, costs, damages, expenses and /or liability of any kind (including <br />reasonable attorneys' fees) arising from, or as a result of past actions or <br />inactions of Little Canada and /or each other relative to their property and /or <br />Little Canada's excavation of the pond as described in Paragraph 2 herein, and <br />the pond's ongoing operation, including impacts to surrounding properties. <br />7. RELEASE. Schmidt, Sprosty, and Kerr, and all of their respective successors <br />and assigns, jointly and individually, release Little Canada and each other from <br />any and all causes of action, claims, suits, damages, judgments, levies and <br />executions, whether known or unknown, liquidated or unliquidated, fixed, <br />contingent, direct or indirect, which they ever had, have or claim to have <br />against Little Canada and /or each other relating to or arising out of past actions <br />or inactions of Little Canada and /or each other relative to their property and /or <br />Little Canada's excavation of the pond as described in Paragraph 2 herein, and <br />the pond's ongoing operation, including impacts to surrounding properties. <br />H:AKrisPACORRESPAKris' 2001 AAGREEMENT.doc <br />PAGE 11 <br />