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MAY -20 -1994 12:21 FROM SWEENEY BORER & OSTROW TO LITTLE CANADA P.05 /07 <br />arising out of or occasioned by the Fence, and also any failure <br />by the City to perform any of its obligations under this <br />Agreement. The City further agrees to defend the Association, <br />at its request, against any such claim, demand or suit. <br />4. Disclaimer of Warranties. THE FENCE TRANSFERRED UNDER <br />THIS AGREEMENT IS CONVEYED "AS IS, WHERE IS" WITH ALL FAULTS, <br />LATENT AND PATENT. THE ASSOCIATION MAKES NO WARRANTIES, EXPRESS <br />OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS <br />FOR A PARTICULAR PURPOSE. <br />5. Successors and Assigns. All covenants and <br />indemnifications contained in this Agreement shall be binding <br />upon the parties and their successors and assigns. <br />6. Amendment, This Agreement constitutes the entire <br />agreement between the parties with respect to the subject matter <br />and shall not be modified or amended except upon the written <br />consent of both parties. <br />7. General Provisions. In case any section or provision <br />of this Agreement is for any reason held to be illegal or <br />invalid, such illegality or invalidity shall not affect the <br />remainder of the Agreement or any other section or provision. <br />The laws of the State of Minnesota shall govern the <br />construction, interpretation and performance of this Agreement. <br />..3.. <br />Page 103 <br />