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Compliance with all terms and conditions of this Resolution. <br />2. Any required approvals and conditions of any other governmental entity <br />necessary for the modification contemplated by this Resolution. <br />3. That such modification contemplated by this Resolution and the Amendment <br />shall not result in any liability to the City and the EDA and that MoundsVista, Inc. agrees <br />to indemnify, defend and hold harmless the City and EDA and all officers, employees <br />and consultants of the City and EDA from all liability associated with the modification <br />contemplated by this Resolution and the Amendment. <br />4. The approval contemplated herein is subject to the condition that the Developer must <br />pay for all costs incurred by the EDA or the City for review and approval, including <br />preparation and review of all documents and costs incurred by the city attorney and <br />consultants, as well as other costs of a similar nature. <br />NOW, THEREFORE BE IT FINALLY RESOLVED THAT the proper Authority <br />officials are authorized to execute the Amendment and take any and all other steps <br />necessary or convenient in order to carry out the Authority's obligations under the <br />Agreement and the Amendment. <br />Adopted this 13t" day of April, 2009 by the <br />Mounds View Economic Development <br />Authority <br />....-~_.w...._ <br />J F herty, Pres' <br />(ATTEST) <br />~~ Gi/YYIJ~ <br />James Ericson, Executive Director <br />349968v3 SJR MU210-26 <br />2 <br />