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St . Anthony, Minnesota (the "City" ) and their respective <br /> officers , employees and agents for any loss, damages, and <br /> expenses ( including attorneys ' fees) in connection with any <br /> claim or proceedings arising from damages, or injuries received <br /> or sustained by any person or property by reason of any actions <br /> or omissions of Redeveloper or its contractors, agents, <br /> officers or employees under the Redevelopment Agreement , other <br /> than claims .or proceedings arising from any negligent or <br /> unlawful acts or omissions of the HRA, the City or their <br /> contractors, agents, officers or employees , and from any loss, <br /> damages and expenses ( including attorneys ' fees) that may be <br /> occasioned by any cause whatsoever pertaining to the issuance, <br /> sale and delivery of the Note and performance by the HRA of its <br /> obligations under the Note Resolution, as defined in the <br /> Redevelopment Agreement . <br /> 2 . Indemnitors hereby waive any and all legal <br /> requirements that HRA, or its successors or assigns , must <br /> institute any action or proceeding at law or in equity or <br /> exhaust their rights, remedies and recourses against the <br /> Redeveloper or anyone else with respect to the Redevelopment <br /> Agreement, as a condition precedent to bringing an action <br /> against Indemnitors upon this Indemnity Agreement . Indemnitors <br /> agree that HRA may simultaneously maintain an action upon this <br /> Indemnity Agreement and an action or proceeding upon the • <br /> Redevelopment Agreement . All remedies afforded to HRA and its <br /> successors or assigns, by reason of this Indemnity Agreement, <br /> are separate and cumulative remedies, and no' one of such <br /> remedies, whether exercised by HRA or its successors or <br /> assigns, or not, shall be deemed an exclusion of any of the <br /> other remedies available to HRA or its successors or assigns, <br /> at law, in equity, by statute, under the Redevelopment <br /> Agreement , hereunder or otherwise, and shall in no way limit or <br /> prejudice any such other remedies which HRA or its successors <br /> or assigns may have. Indemnitors further waive any requirement <br /> that HRA demand or seek indemnity by the Redeveloper under the <br /> Redevelopment Agreement as a condition precedent to bringing <br /> any action against Indemnitors upon this Indemnity Agreement. <br /> . 3 . Any notice, demand or request by HRA, or its <br /> successors or assigns, to Indemnitors shall be in writing and <br /> shall be deemed to have been duly given or made if mailed by <br /> registered or certified mail , return receipt requested, to <br /> Indemnitors at their addresses set forth in the caption hereof, <br /> or at such other address as Indemnitors may notify HRA of, in <br /> writing, by registered or certified mail, return receipt <br /> requested, at the address for each set forth in the caption <br /> hereof, -or at such other address of which each such party shall <br /> have so notified Indemnitors . Notice so mailed shall be deemed <br /> given and made upon deposit in the United States mail . <br /> -2- <br />