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As a condition to the grant of this Easement, any and all Work shall be performed by the City Parties with due care using commonly accepted standards and techniques, taking precautions for the protection of persons and property and in compliance with all state and local requirements and permits. During the performance of all Work commercially reasonable efforts shall be exercised to minimize any adverse impact to the business operations being conducted on the Grantor Parcel. The City shall coordinate all Work with the representative designated by Grantor in Section 4, below. The City shall indemnify the Grantor and its employees, contractors, subcontractors, officers, directors, agents,, successors and assigns (collectively, the ",Grantor Parties") from and against any liability for bodily injury or death and for property damage to third persons (including reasonable attorney's fees) incurred or suffered by the Grantor Parties, either inside of or outside of the Easement Area, arising from the acts of the City Parties in their perfon-nance of the Work, except where such damage was caused by the • • negligence of the Grantor Parties. Notwithstanding the foregoing.- a) nothing contained in this instrument shall constitute a waiver of the statutory limits of liability set forth in Minnesota • Statutes Chapter 466, or a waiver by the City of any available immunities or defenses, b) nor shall the City's liability to indemnify the Grantor Parties for acts of the City Parties exceed the limits of liability set forth in Minnesota Statutes Chapter 466. Subject to the Work to be completed and Provision 5 below, the City agrees at its expense to restore and repair in a workmanlike manner those portions of the Temporary Easement Area disturbed by the City to the condition as near as practicable existing prior to any construction, maintenance, reconstruction, or repair work undertaken by the City within the limits of the Temporary Easement.Area. 3. liffe to Easement Area, The Grantor, for itself and its successors and assigns, covenants with the City, and its successors and assigns, that it is the owner of the Temporary Easement Area and has good right to grant and convey the temporary construction easement herein to the City. 4. Notices. Excluding communications and coordination of the construction schedule for the Work (which shall be through Grantor's designated representative below), any other notice, demand, request or consent which may be given under this Easement shall be in writing and shall be sent by overnight courier or other reputable delivery service, addressed to Grantor or the City at the respective addresses set forth below or such other address or addresses as either party may designate by notice to the other in accordance with this Section 5, and shall be deemed to have been given when received-, It ADDRESS OF GRANTOR0 Macy's North c/o Macy's Retail Holdings, Inc. 7 West Seventh Street Cincinnati, Ohio 45202 Attn: Real Estate Department Page 2 of 6