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t <br /> in interest thereof. It is the intent of the parties hereto that this Agreement be in a form which is <br /> recordable among the land records of Ramsey County, Minnesota; and they agree to make any <br /> • <br /> changes in this Agreement which may be necessary to effect the recording and filing of this <br /> Agreement against the title of the Subject Property. <br /> 9. Except for Paragraph 10 and Paragraph 11 of this Agreement, this Agreement shall <br /> terminate upon the final payment of all special assessments levied against the Subject Property <br /> regarding the Improvement Project, and the City shall thereupon execute and deliver such <br /> documents, in recordable form, as are necessary to extinguish its rights hereunder. Paragraph 10 <br /> and Paragraph 11 of this Agreement shall survive the termination of this Agreement. <br /> 10. The Owner hereby agrees to protect, defend and hold the City and its officers, <br /> elected and appointed officials, employees, administrators, commissioners, agents, and <br /> representatives harmless from and indemnified against any and all loss, costs, fines, charges, <br /> • damage and expenses, including, without limitation, reasonable attorneys' fees, consultants' and <br /> expert witness fees, and travel associated therewith, due to claims or demands of any kind <br /> whatsoever (including those based on strict liability) arising out of (i) this waiver and <br /> Agreement, (ii) the Property, including, without limitation, any claims for any lien imposed by <br /> law for services, labor or materials furnished to or for the benefit of the Property, or (iii) any <br /> claim by the State of Minnesota or the Minnesota Pollution Control Agency or any other agency <br /> or person pertaining to the violation of any permits, orders, decrees or demands made by said <br /> persons or with regard to the presence of any pollutant, contaminant or hazardous waste on the <br /> Property, or (iv) by reason of the execution of this Agreement or the performance of this <br /> Agreement. The Owner, and the Owner's successors or assigns, agree to protect, defend and <br /> save the City, and its officers, agents, and employees, harmless from all such claims, demands, <br /> • <br /> SJR-245276v2 <br /> MU205-29 <br /> 4 <br />