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1.Owner and their successors in title may install and maintain a retaining wall within <br />the Easement, and the retaining wall shall be constructed in accordance with the plans on file with <br />the City of Hugo. <br />2.No plantings, trees, permanent improvements or structures other than the retaining <br />wall may be maintained or placed in the easement area. <br />3.Owner shall maintain the retaining wall in good repair and shall not permit it to be <br />expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. <br />4.The encroachment granted to Owner herein is subject to the existing easement rights <br />of the City as granted in various easements. <br />5.The City will notify Owner if it requires removal or relocation of the retaining wall or <br />any part of it. Thereafter, Owner shall remove the retaining wall according to the direction of the <br />City and if Owner fails to do so, the City may enter upon the land and remove as much of the <br />retaining wall as required and cast it upon the adjoining lands. In such an event, the City shall not be <br />liable to Owner for any costs, loss or damage whatsoever, and may assess the property for all of its <br />costs incurred in removing the retaining wall, and Owner waive all formalities, requirements and <br />defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the <br />work done by the City. <br />6.To the fullest extent permitted by law, Owner agrees 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 retaining wall, regardless of whether such harm is to Owner, <br />the City, the employees or officers, guests or invitees of either or any other person or entity, except <br />Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the <br />negligence of the indemnified parties.