08-14-2013 Additions - Laserfiche WebLink

Home Browse Search

2. Liens. City shall not permit any mechanics', materialmens' or other liens to stand against the Property or any part thereof for work or materials furnished to City or City Authorized Parties in connection with the right of entry granted pursuant to this Agreement and City agrees to indemnify, defend and hold harmless St. John's the-Millers from and against the same. 3. Release /Hold Harmless /Indemnification. City releases St. John's from any claims for loss or damage to property or any injury to or death of any person arising out of or relating to City Authorized Parties' presence on the Property pursuant to this Agreement or in City's exercise of its rights or performance of its obligations under this Agreement. The City shall indemnify, defend and hold harmless St. John's from at liabilit , in'ur ' loss dama>e, action, claim, cost or expense, including but not limited to reasonable attorney fees, on account of or in any way arising out of this Agreement or any activities of City conducted or located on or about the Property pursuant to this Agreement. 4. Repair. The City agrees to repair any damage to the Property that is not otherwise acquired by the Cit throu 41 eminent domain or such other lawful process of acquisition or conveyance and any other surrounding property of St. John's that is damaged as a result of City's activities under this Agreement. The City agrees to restore such property to its original condition before this Agreement terminates hereunder. 1-$. Non - waiver of Right to Compensation. Nothing in this agreement shall constitute or be construed as a waiver for any compensation that St. John's may be entitled to under oplicable laws relating to eminent domain, including but not limited to compensation for temporary or permanent easements acquired or granted herein or at a later date, or by conveyance b , Si. John's to the Cit > pursuant to a mutuall acce )table agreement between the parties. _Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the State of Minnesota. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 8. Termination. This Agreement terminates upon St. John's conveyance of the Property to City, City's acquisition of such Property t13rounil e ni ent domain or December 31, 20213 June 30, 2014, whichever occurs first.