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1. Owner and their successors in title may install and maintain a window well and a <br />fence within the Easement, and the window well and fence shall be constructed in accordance with <br />the plans on file with the City of Hugo. <br /> 2. No plantings, trees, permanent improvements or structures other than the window <br />well and fence and approved landscaping may be maintained or placed in the easement area. <br /> 3. Owner shall maintain the window well and fence in good repair and shall not permit <br />it to be 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 window well or <br />fence or any part of it. Thereafter, Owner shall remove the window well or fence according to the <br />direction of the City and if Owner fails to do so, the City may enter upon the land and remove as <br />much of the window well or fence as required and cast it upon the adjoining lands. In such an event, <br />the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess the <br />property for all of its costs incurred in removing the window well or fence, and Owner waive all <br />formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 <br />relating to or arising from the 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 window well and/or fence, regardless of whether such harm is <br />to Owner, the City, the employees or officers, guests or invitees of either or any other person or <br />entity, except Owner shall not be liable under this paragraph for loss or damage to the extent <br />resulting from the negligence of the indemnified parties.