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8. Owner agrees to indemnify, defend and hold Northern, its parent and affiliated
<br /> companies, and the directors, officers and employees of any such corporate entities harmless
<br /> from and against any liability, damage, claims, loss, cause of action, suit, proceeding, judgment,
<br /> cost (including the cost or expense of environmental response, removal or remediation
<br /> activities), fees or expense, including reasonable attorney's fees arising from: (1) non-
<br /> compliance with any laws, regulations and orders applicable to the ownership or the operation
<br /> and maintenance of the said Encroachment on the Owned Premises described herein, and (2) any
<br /> incidents, acts, releases, negligence, transactions or omissions, or conditions on or affecting the
<br /> Easement that would (i) contribute to or constitute a violation of any local, state or federal
<br /> environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any
<br /> requirement to clean up or otherwise remedy or remediate a condition, (iii) give rise to any lien,
<br /> liability, injunction, order, restriction, claim, expense, damage, fine or penalty, or (iv) adversely
<br /> affect human health or the environment at or near the Easement.
<br /> 9. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE
<br /> PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN
<br /> RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF,
<br /> UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER
<br /> WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL
<br /> HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL
<br /> CANNOT BE OR HAS NOT BEEN WAIVED, AND AGREES ANY SUCH ACTIONS
<br /> MAY NOT IN ANY EVENT BE CONSOLIDATED TOGETHER.
<br /> This instrument and the covenants and agreements herein contained shall extend to and be
<br /> binding upon the heirs, executors, administrators, successors, and assigns of the parties and the
<br /> benefits of this Agreement shall run with the land.
<br /> IN WITNESS WHEREOF, the parties have executed this instrument the day and year first
<br /> above written.
<br /> ,'NORTHERN" "OWNER"
<br /> NORTHERN NATURAL GAS COMPANY
<br /> By: By:
<br /> Name: Joseph A Jessen Name: John J. Dietz
<br /> Title: Agent and Attorney-in-Fact Title: Mayor
<br /> By:
<br /> Name: Tina Allard
<br /> Title: City Clerk
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