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<br /> <br /> <br />3 <br />467428v3 SJR MU210-5 <br />Easement Area. Grantees acknowledge and agree that maintaining any improvements <br />within the Easement Area are at Grantees’ sole risk and expense, and the Grantor shall in <br />no circumstance be held liable for damages caused directly or indirectly from the <br />flooding of the Subject Property or the Easement Area. <br /> <br />8. Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement, <br />the Grantor, its officers, agents, and employees shall not be liable or responsible in any <br />manner to the Grantees, Grantees’ successors or assigns, or to any other person or <br />persons for any claim, demand, damage, or cause of action of any kind or character <br />arising out of or by reason of the execution of this Agreement or the performance of this <br />Agreement, nor will Grantees make any claim against the Grantor for or on account of <br />any injury, loss or damage resulting from Grantees’ Property or use thereof. <br /> <br />Grantees shall indemnify, hold harmless and defend the Grantor, its officials, employees, <br />contractors and agents from and against any and all liability, loss, costs, damages, expenses, <br />claims, actions or judgments, including reasonable attorneys’ fees which Grantor, its <br />officers, employees, agents or contractors may hereinafter sustain, incur, or be required to <br />pay, arising out of or by reason of any act or failure to act by Grantees, its officers, <br />employees, agents or contractors or arising out of or by reason of this Agreement. <br /> <br />Nothing in this Agreement shall constitute a waiver or limitation of any immunity or <br />limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, <br />or otherwise. <br /> <br />9. Assignment. The rights granted to Grantees hereunder may not be transferred or assigned <br />without the prior written consent of the Grantor. In the event of the sale of the property to <br />another bona fide buyer, such consent shall not be unreasonably withheld. <br /> <br />10. No Damages; No Relocation Benefits. Grantees understand and acknowledge that <br />Grantor is willing to enter into this Agreement and carry out its obligations hereunder <br />only because Grantees have agreed that they will make no claim for damages upon <br />termination of this Agreement or pursuant to any other agreement with the Grantor. <br /> <br />11. No Property Interest. This instrument is not an easement or a lease, creates no landlord- <br />tenant relationship, and nothing in this Agreement will be deemed to create any property <br />interest other than as expressed in this Agreement. <br /> <br />12. Notice. Any notice which is required under this Agreement will be deemed "given" upon <br />hand delivery or three (3) days after prepaid posting in the U. S. Mail, whichever will <br />first occur. Notices shall be delivered or mailed to, or to such other address as a party <br />may designate by notice to the other party: