CCP 02272023 - Laserfiche WebLink

Home

c. Grantee shall indemnify and hold City and City’s respective constituents harmless from and against any claims, liabilities, losses, costs, and expenses arising from any injury, loss or damage whatsoever to any person or property occurring within the Easement, except to the extent caused by City’s gross negligence or willful misconduct. d. This Agreement may be amended or terminated only by a written agreement executed by all Parties hereto, or their respective successors or assigns, and recorded in all applicable land records of the City Property and the Grantee Property. This Agreement will, upon Grantee’s written approval provided to City, automatically terminate and be of no further force or effect if (i) the City Property is publicly dedicated and becomes part of the Road and (ii) the Grantee Property has direct access to the Road in substantially similar location and manner as per the Easement granted in this Agreement. e. This Agreement shall be interpreted, construed and governed by applicable Minnesota law. This Agreement contains the entire agreement of the Parties concerning the subject matter herein and supersedes all prior and contemporaneous representations, understandings and agreements relating to such subject matter, if any, all of which are merged herein. This Agreement may be signed in any number of counterparts and by facsimile, each of which shall be deemed an original but all of which taken together shall constitute one and the same instrument. As soon as practicable upon full execution of this Agreement, the Parties shall cooperate to cause the Agreement to be recorded in all applicable land records of the City Property and the Grantee Property, respectively, and Grantee shall be solely responsible for all costs of recording the Agreement. \[Remainder of page intentionally left blank; signature and acknowledgment pages follow.\] 3 RS160-1-854841.v2