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16. The Developer hereby agrees to prot ect, defend and hold the Authority and its
<br />officers, elected and appointed officials, empl oyees, administrators, commissioners, agents, and
<br />representatives harmless from a nd indemnified against any and a ll loss, cost, fines, charges,
<br />damage and expenses, including, without limitation, reasonable attorneys fees, consultant and
<br />expert witness fees, and travel associated th erewith, due to claims or demands of any kind
<br />whatsoever arising out of (i) the development, mark eting, sale or leasing of all or any part of the
<br />Property, including, without limita tion, any claims for any lien imposed by law for services,
<br />labor or materials furnished to or for the benefit of the Property, or (ii) any claim by the state of
<br />Minnesota or the Minnesota Pollution Control Ag ency or any other person pertaining to the
<br />violation of any permits, orders, d ecrees or demands made by said persons or with regard to the
<br />presence of any pollutant, contaminant or hazard ous waste on the Property; and (iii) or by reason
<br />of the execution of this Agreement or the perfor mance of this Agreement. The Developer, and
<br />the Developer’s successors or assigns, agree to protect, defend and save the Authority, and its
<br />officers, agents, and employees, harmless from al l such claims, demands, damages, and causes of
<br />action and the costs, disbursements, and expe nses of defending the same, including but not
<br />limited to, attorneys fees, consulting engineering se rvices, and other techni cal, administrative or
<br />professional assistance. This i ndemnity shall be continuing and shall survive the performance,
<br />termination or cancellation of this Agreement. No thing in this Agreement shall be construed as a
<br />limitation of or waiver by the Authority of any immunities, defenses, or other limitations on
<br />liability to which the Authority is entitled by law, includi ng but not limited to the maximum
<br />monetary limits on liability established by Minnesota Statutes, Chapter 466.
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<br />17. The Developer, for itself, its attorney s, agents, employees, former employees,
<br />insurers, heirs, administrators, re presentatives, successors , and assigns, hereby releases and forever
<br />discharges the Authority, and its attorneys, agen ts, representatives, employees, former employees,
<br />insurers, heirs, executors and assigns of and fro m any and all past, present or future claims,
<br />demands, obligations, actions or causes of action, at law or in equ ity, whether arising by statute,
<br />common law or otherwise, and for all claims for da mages, of whatever kind or nature, and for all
<br />claims for attorneys' fees, and cost s and expenses, including but not li mited to all claims of any kind
<br />arising out of the negotiation, execution, or perf ormance of this Agreement between the parties.
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