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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 ind ' and hold the City harmless from any <br /> damage to the Subject Property caused in whole or in partfy 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 Agreemen 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 OIC ORONO <br /> By: LJ <br /> des /'61. ,Mayor <br /> And: - <br /> c� Igigse. City Administrator <br /> DEVELOPER <br /> RYAN COMPANIES US,INC. <br /> BY: <br /> c Nay <br /> Its up <br /> 132834 v2 2 <br />