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ARTICLE 3 <br />.INDEMNIFICATION OF CITY <br />3.1 INDEMNIFICATION OF CITY. The Owners hereby agree to indemnify, <br />defend, and hold the City, its council, agents, employees, attorneys and representatives harmless <br />against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, <br />expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, <br />penalties and attorneys' fees, that the City incurs or suffers, which arise out of the construction or <br />maintenance of the retaining wall or fence. <br />In no event shall the Owners be responsible to indemnify the City for any claim, demands, <br />actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries <br />and deficiencies, including interest, penalties and attorneys' fees, that are incurred due to the <br />negligence or intentional misconduct of the City. <br />3.2 'GOVERNMENTAL IMMUNITY. Nothing contained herein shall be deemed a <br />waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any <br />and all claims brought by the Owners, its successors or assigns, shall be subject to any <br />governmental immunity defenses of the City and the maximum liability limits provided in <br />Minnesota Statutes, Chapter 466. <br />MAD <br />4.1 'TERMINATION FOR PUBLIC PURPOSE. This License Agreement for <br />Retaining Wall and Fence may be terminated by the City upon passage of a City council <br />resolution finding that the sanitary sewer easement is needed for any alternative public purpose <br />which may require either a temporary, partial, permanent and/or total elimination of the <br />improvements within the easement area. The termination of this License Agreement for <br />Retaining Wall and Fence shall be effective upon the City's service of said resolution upon the <br />Owners pursuant to the notice requirements. <br />w0ta, <br />5.1 'CITY'S DUTIES, The terms of this License Agreement for Retaining Wall and <br />Fence shall not be considered an affirmative duty upon the City to complete maintenance of the <br />improvements within the sanitary sewer easement area. <br />5.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against <br />the City or Owners under this License Agreement for Retaining Wall and Fence. The conditions <br />A-3 <br />361051 RHB MN415-94 <br />