05-09-2005 Council Packet - Laserfiche WebLink

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i With a cojsy to:Ronald H. Batty Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, Minnesota SS402 IftoOrono:Ronald Moorse, City Administrator POBox66 Orono, Minnesota 55323*0066 -With Copy to^-Tom Barrett City Attorney 222 South 9''’ Street Suite 3100 Minneapolis, Minnesota 55402-3389 or to such other persons as the parties may from time to time designate in writing and forward to the other persons entitled to receive notice as provided in this section 4.2. 4.3 Indemnification. Medina agrees to indemnify, defend and save harmless Orono, its officers, agents and employees, from any claims or causes of action, of whatever nature, occasioned by or arising out of Medina’s activities under this Agreement, including without limitation, construction of the Local Improvements on the Orono Property. Orono agrees to indemnify, defend and save harmless Medina, its officers, agents and employees, from any claim or cause of action, of whatever nature occasioned by or arising out of Orono’s activities under this Agreement including, without limitation, filing the road right-of-way plat for the Orono Property. Such undertakings shall not extend to acts that are the result of the intentional or negligent conduct of the other party, nor shall such undertakings be deemed to waive any limitation of liability available to either party. 4.4 Amendment. This Agreement may be amended by the parties hereto only by written instrument executed with the same procedures and formality as were followed in the execution of this Agreement. IN WITNESS WHEREOF, and pursuant to authorization of their respective city councils, the cities of Medina and Orono have entered into this Agreement as of the day and year first above written. CITY OF MEDINA CITY OF ORONO Mayor Mayor City Administrator-Clerk City Administrator-Clerk mvisMivi Me2JS-}l2 • atr vta ^ ear* AAma ji i