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<br /> damages, and causes of action and the costs, disbursements, and expenses of defending the same,
<br /> • including but not limited to, attorneys fees, consulting engineering services, and other technical,
<br /> administrative or professional assistance. This indemnity shall be continuing and shall survive
<br /> the performance or cancellation of this Agreement. Nothing in this Agreement shall be
<br /> construed as a limitation of or waiver by the City of any immunities, defenses, or other
<br /> limitations on liability to which the City is entitled by law, including but not limited to the
<br /> maximum monetary limits on liability established by Minnesota Statutes, Chapter 466, or
<br /> otherwise.
<br /> 11. In consideration for this Agreement, the Owner, for the Owner, Owner's
<br /> attorneys, agents, employees, former employees, insurers, heirs, administrators, representatives,
<br /> successors, and assigns, hereby releases and forever discharges the City, and its attorneys,
<br /> • agents, representatives, employees, former employees, insurers, heirs, executors and assigns of
<br /> claims, demands, obligations,and from any and all past, present or futureg , actions or causes of
<br /> action, at law or in equity, whether arising by statute, common law or otherwise, and for all
<br /> claims for damages, of whatever kind or nature, and for all claims for attorneys' fees, and costs
<br /> and expenses, including but not limited to all claims of any kind arising out of the negotiation,
<br /> City consideration, execution and performance of this Agreement between the parties.
<br /> 12. The Recitals set forth in the preamble to this Agreement and the Exhibits attached
<br /> to this Agreement are incorporated into this Agreement if fully set forth herein.
<br /> 13. The Owner shall, upon execution of this Agreement, deposit with the City the
<br /> amount of$8,000.00 to be applied to the payment of the project feasibility study costs and other
<br /> costs associated with the Improvement Project, provided that if such costs exceed this amount,
<br /> the Owner shall, upon demand by the City, pay such additional costs to the City within ten (10)
<br /> III
<br /> SJR-245276v2
<br /> MU205-29
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