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2. No plantings, trees, permanent improvements or structures other than the fence may <br />be maintained or placed in the easement area. <br /> 3. Owner shall maintain the fence in good repair and shall not permit it to be expanded, <br />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 fence or any part <br />of it. Thereafter, Owner shall remove the fence according to the direction of the City and if Owner <br />fails to do so, the City may enter upon the land and remove as much of the fence as required and cast <br />it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss <br />or damage whatsoever, and may assess the property for all of its costs incurred in removing the <br />fence, and Owner waive all formalities, requirements and defenses arising from or relating to <br />Minnesota Statutes Section 429 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 fence, regardless of whether such harm is to Owner, the City, <br />the employees or officers, guests or invitees of either or any other person or entity, except Owner <br />shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence <br />of the indemnified parties. <br /> 7. The permission granted herein is limited exclusively to the proposed fence within the <br />specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or <br />permit such alteration anywhere upon the land upon which the City has reserved its easement rights <br />without proper express written consent of the City.