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<br />employees or any other person who may be on or about the Redevelopment Property or <br />Minimum Improvements due to any act or negligence of any person, other than the negligence or <br />misconduct of an Indemnified Party. Except as specifically provided in this Agreement to the <br />contrary, none of the Indemnified Parties shall be liable to the Redeveloper or to any third party <br />for any consequential or other damages that may arise out of delays of any kind relating to <br />activities undertaken pursuant to this Agreement, including but not . limited to delays due to <br />environmental conditions, court challenges or elements outside the control of the City. The <br />preceding sentence is not intended to limit the City's liability for any breach of this Agreement. <br /> <br />( c) The City covenants and agrees to pay, and will indemnify and save the <br />Redeveloper and its officers, agents, servants or employees harmless from and against, legal fees <br />and other costs incurred in defending any action challenging the creation of the Tax Increment <br />District. The City's indemnification obligations in this subparagraph (c) shall not apply to any <br />loss resulting from negligent, willful or wanton misconduct of any of the Redeveloper or its <br />officers, agents, servants or employees. <br /> <br />(d) Except as specifically set f01ih above, no indemnification shall be payable by <br />either Party to the other with respect to the pending Friends of Twin Lakes litigation or with <br />respect to any other legal challenge to the Project or to creation of the Tax Increment District that <br />may be brought in the future. <br /> <br />(e) Nothing in this Section is intended to waive any municipal liability limitations <br />contained in Minnesota Statutes, particularly Chapter 466. <br /> <br />33 <br />