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City is only acting in the capacity of a depository, and it shall not be liable <br />or responsible to anyone for any damages, loss or expense unless caused <br />by the negligence or willful malfeasance of the City. <br />8.In the event of any disagreement among any of the parties to this <br />Agreement, or among any of them and any other person, resulting in <br />adverse claims and demands being made in connection with or for any <br />property involved in or affected by this Agreement, the City shall be <br />entitled to refuse to comply with any such claims or demands as long as <br />the disagreement continues, and in refusing, shall make no delivery or <br />other disposition of any property then held by it under this Agreement, and <br />in so doing, the City shall not become liable for such refusal. The City <br />shall be entitled to continue to refrain from acting until (a) the right of <br />adverse claimants is finally settled by binding arbitration or finally <br />adjudicated in a court assuming jurisdiction of the property involved in <br />this Agreement or affected by this Agreement or (b) all differences are <br />adjusted by agreement and the City is notified in writing of such an <br />agreement signed by the other parties to this Agreement. Furthermore, the <br />City shall have the right, at any time after a dispute between Owner and its <br />mortgagor, or between either of them and any other person has arisen, to <br />pay the Funds into any court of competent jurisdiction for payment to the <br />appropriate party, at which point <br />Agreement shall terminate. <br />9.Owner agrees to indemnify the City against all losses, claims, damages, <br />liability, and expenses, including, without limitation, costs or investigation <br />and legal counsel fees which may be imposed on the City or incurred by <br />the City in connection with the performance of its duties under this <br />Agreement, including, without limitation, any litigation arising from this <br />Agreement or involving the subject matter of this Agreement, except as to <br />negligence or willful malfeasance of the City. <br />10.Wherever any notice is required or permitted under this Agreement, the <br />notice shall be in writing and shall be deemed given on personal delivery <br />or upon mailing in the United States Mail, registered or certified mail, <br />return receipt requested, postage prepaid, to the addresses set out below or <br />at other addresses as specified by written notice delivered in accordance <br />with this Agreement: <br />a.Owner:Jason and Tressa Cramer <br />23057 West Martin Lake Drive NE <br />Stacy, MN 55079 <br />With Copy to jasoncramer@msn.com <br />b.City:City of Centerville <br />Attention: City Administrator, Mark Statz <br />1880 Main Street <br />Version 09012020-1 <br />3 <br /> <br />