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5. Hold Harmless and Indemnity. In consideration of being allowed to encroach on <br />the Subject Property, the Developer, its successors and assigns, hereby agrees to defend, indemnify <br />and hold the City harmless from all costs and expenses, claims and liability, including reasonable <br />attorney fees, relating to or arising out of the grant to Developer of permission to encroach into the <br />City's right-of-way. Developer further agrees to indemnify and hold the City harmless from any <br />damage to the Subject Property caused in whole or in part by the use of the Subject Property. <br />6. No Warranty; Termination. The City does not warrant title or guarantee the <br />continuing right of Developer to encroach upon the City's right-of-way for outdoor storage. The <br />City may, at its sole discretion, terminate this Agreement at any time by giving the Developer one <br />hundred twenty (120) days advance written notice. Following notice, the Developer shall remove <br />its outdoor storage at its sole expense. If the Developer fails to remove the outdoor storage from the <br />Orono Industrial Boulevard right-of-way as provided in this paragraph, then the City may remove <br />the outdoor storage and charge the cost to the Developer. <br />CITY OF ORONO <br />By; A Uu, Im ► f-cA- &— <br />IY��r Mayor <br />And: <br />DEVELOPER <br />RYAN COMPANIES US, INC. <br />BY: <br />Its �J <br />City Administrator <br />132834 Q <br />2 <br />190 <br />