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the City affecting improvements constructed within the Easement Area <br /> and that their construction activities shall not: <br /> (a) Cause any unreasonable increase in the cost of <br /> constructing improvements upon the City Property; <br /> (b) Unreasonably interfere with construction work <br /> being performed on any other part of the City Property; <br /> (c) Unreasonably interfere with the use, occupancy or <br /> enjoyment of any part of the remainder of the City Property; or <br /> (d). Cause any of the City Property to be in violation of <br /> any law, rule, regulation, order or ordinance applicable to the City, <br /> Washington County, State of Minnesota or federal governmental <br /> agencies, or any department or agency thereof. <br /> 4.1.3 Construction of Parking_Lot. The Parking Lot shall be <br /> installed at the sole cost and expense of the Swany and Anderson and <br /> shall be improved with a bituminous surface that meets specifications <br /> of the City which, at a minimum shall have a load capacity to <br /> accommodate use by semi-tractors and trailers. <br /> 4.2 General Construction Indemnity. Swany and Anderson each, <br /> jointly and severally, agree to defend, indemnify and hold harmless the City <br /> from all claims, actions and proceedings and costs incurred (including <br /> reasonable attorneys' fees and costs of suit) which result from any accident, <br /> injury, loss or damage whatsoever occurring to any person arising out of or <br /> resulting from the performance of any construction activities performed or <br /> authorized by Swany or Anderson, or their partners, officers, employees or <br /> tenants. Any damage occurring to any portion of the City Property as a result <br /> of such construction work shall be the joint and several responsibility of <br /> Swany and Anderson and shall be repaired by Swany and Anderson, at their <br /> cost and expense, to the same condition as existed immediately prior to such <br /> work. <br /> 4.3 Mechanic's Liens. If, because of any act or omission (or alleged <br /> act or omission) of Swany or Anderson or their partners, officers, employees <br /> tenants or contractors, any mechanic's or construction lien shall be filed with <br /> respect to any portion of the City Property(whether or not such lien is valid or <br /> enforceable as such), Swany and Anderson shall cause same to be discharged <br /> of record, or bonded, with respect to the City Property or any portion thereof, <br /> within thirty (30) days after being notified of the filing thereof; and Swany <br /> and Anderson shall, jointly and severally, indemnify and save harmless the <br /> City from all costs, liability, suits, penalties, claims and demands, including <br /> reasonable attorneys' fees resulting therefrom. If such Swany or Anderson <br /> fail to comply with the foregoing, the City shall have the option of discharging <br /> or bonding any such lien. If such option is exercised, Swany or Anderson <br /> shall reimburse the City for all costs, expenses and other sums of money <br /> -3- <br />