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4. The encroachment granted to Owners herein is subject to the existing easement <br />rights of the City as granted in various easements. <br />5. The City will notify Owners if it requires removal or relocation of the deck or any <br />part of it. Thereafter, Owners shall remove the deck according to the direction of the City and if <br />Owners fail to do so, the City may enter upon the land and remove as much of the deck as <br />required and cast it upon the adjoining lands. In such an event, the City shall not be liable to <br />Owners for any costs, loss or damage whatsoever, and may assess the property for all of its costs <br />incurred in removing the deck, and Owners waive all formalities, requirements and defenses <br />arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work <br />done by the City. <br />6. To the fullest extent permitted by law, Owners agree to release, defend, protect, <br />indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and <br />contractors against any and all claims, costs and liabilities, including the costs of defense for <br />damages, injury or death arising from or in any way connected to the installation, maintenance, <br />repair, removal and/or presence of the deck, regardless of whether such harm is to Owners, the <br />City, the employees or officers, guests or invitees of either or any other person or entity, except <br />Owners shall not be liable under this paragraph for loss or damage to the extent resulting from <br />the negligence of the indemnified parties. <br />7. The permission granted herein is limited exclusively to the proposed deck within <br />the specified portion of the easement area of the City's Easement. Owners shall not alter the <br />grade or permit such alteration anywhere upon the land upon which the City has reserved its <br />easement rights without proper express written consent of the City. <br />-2- <br />