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7_ Binding Effect: The terms and provisions hereof shall be binding upon and 'inure to the <br />benefit of the heirs, representatives, successors and assigns of the parties hereto and shall <br />be binding deemed covenants running with the land. References herein to Property Owner, <br />if there be more than one, shall mean each and all of them. This agreement shall be <br />executed by the Property Owner and City and shall be placed of record so as to give notice <br />hereof to subsequent purchasers and encumbrancers of all or any part of the property, and <br />all recording fees, if any, shall be paid by the Property Owner. <br />8. Notices: Whenever in this agreement, it shall be required or permitted that notice or <br />demand be given or served by either party to this agreement to or on the other party, such <br />notice or demand shall be delivered personally or mailed by United States certified mail <br />(return receipt requested) to the addresses set forth below. Such notice or demand shall be <br />deemed timely given when delivered personally or when deposited in the mail in accordance <br />with the above. <br />Notice to Ci <br />Notice to Property Owner <br />City of Orono a S 12' h <br />Clerk/Administrator <br />P.O. Box 66 1 7 3 SAj P I i�G►9`� <br />Crystal Bay, MN 55323 ` <br />9. Disclaimer by Cilya it is understood and agreed that the City, the City Council, and the <br />agents and employees of the City shall not be personally liable or responsible in any manner <br />to the Property Owner or the Property Owner's contractors, subcontractors, materialmen, <br />laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, <br />actions, or causes of action of any kind or character, arising out of or by reason of the <br />execution of this agreement or the performance and completion of the Septic Improvements. <br />10. Hold Harmless and Indemnificationi The Property Owner shall indemnify and hold harmless <br />the City, the City Council, and the agents and employees of the City from and against all <br />claims, damages, losses or expenses, including attorney fees, which the City, City Council <br />and agents and employees of the City may suffer or for which it may be held liable, arising <br />out of or resulting from the assertion against them of any claims, debts or obligations in <br />consequence of the performance of this agreement by the Property Owner, its employees, <br />agents or subcontractors, whether or not caused in part by a party indemnified hereunder. <br />1 1. ReM ed- for Default: Default by the Property Owner of any of the terms of this agreement <br />shall automatically result in the suspension or withholding of all permits, licenses, occupancy <br />certificates or other authorizations issued by the City in connection with the Property, and <br />may, at City's sole discretion, give rise to a draw upon the performance deposit by City to <br />remedy such default. <br />Initials of Property Owner ol� <br />�2 <br />Initials of City Clerk <br />Page 4 of 6 <br />