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4 TW185\1\1015695.v4 <br />performance of this Agreement, without regard to any inspection or review made or not made by the <br />City, its agents or employees or failure by the City, its agents or employees to take any other prudent <br />precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this <br />Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall <br />indemnify and hold harmless the City, its employees, agents and representatives for its own negligent <br />acts in the performance of the Owner’s required work under this Agreement, but this indemnification <br />shall not extend to intentional or grossly negligent acts. <br /> <br />8. Environmental Matters. The City shall not be responsible for any costs, expenses, <br />damages, demands, obligations, including penalties and reasonable attorneys’ fees or losses resulting <br />from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous <br />substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement <br />Area or the Property prior to the date of this Agreement. <br /> <br />9. Notice. All notices required under this Agreement shall either be personally delivered <br />or be sent by certified or registered mail or via overnight courier service (such as FedEx or UPS) and <br />addressed as follows: <br /> <br /> To the Owner: Ryan RCC I, LLC <br /> 533 S. Third Street, Suite 100 <br /> Minneapolis, MN 55415 <br /> Attention: Peter Fitzgerald and Debra Altschuler <br /> <br /> To the County: Ramsey County <br /> Office of the County Manager <br />15 West Kellogg Boulevard, Room 250 <br /> Saint Paul, MN 55102 <br /> <br /> With copies to: Ramsey County Attorney’s Office <br /> 360 Wabasha Street N., Suite 100 <br /> Saint Paul, MN 55102 <br /> Attn: Kathleen Ritter <br /> Email: Kathleen.Ritter@co.ramsey.mn.us <br /> <br /> To the City: City of Arden Hills <br />Attention: City Administrator <br />1245 West Highway 96 <br />Arden Hills, Minnesota 55112 <br /> <br />All notices given hereunder shall be deemed given when personally delivered or two business days after <br />being sent by certified or registered mail or one day after sent by overnight courier service, properly <br />addressed as provided herein. <br /> <br />10. Successors/Covenants Run with Property. All duties and obligations of Owner under <br />this Agreement shall also be duties and obligations of Owner’s successors and assigns. The terms and <br />conditions of this Agreement shall run with the land and shall be recorded with the property records of <br />Ramsey County, Minnesota.