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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 inderrmify 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 1fails 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: tI /m- &d41&-- <br /> ryes A1. Mayor <br /> And: i ��"� <br /> B Modl City Administrator <br /> DEVELOPER <br /> RYAN COMPANIES US,INC. <br /> BY: <br /> ..,r�- r( <br /> il <br /> Its <br /> 132834 v2 2 <br />