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<br />. <br /> <br />. <br /> <br />. <br /> <br />-, <br /> <br />..1 <br /> <br />INDEMNITY AGREEMENT <br /> <br />This Indemnity is made thi~d'ay of 111; , 1999 by the CITY OF ELK <br />RIVER ("Elk River") and in favor of MIDWEST PHAL T COMPANY, a Minnesota <br />Corporation, ("Midwest"). <br /> <br />WHEREAS, Midwest is the owner of that certain real property legally described in <br />Exhibit A attached hereto (the "Property"); and <br /> <br />WHEREAS, Midwest has authorized Elk River and its Police Department to utilize the <br />Property as a training location, including the use and discharge of firearms; and <br /> <br />WHEREAS, as a condition to Elk River's continuing use of the Property for those <br />purposes herein described, Midwest has requested that it be indemnified for any liabilities arising <br />out of Elk River's use of the property. <br /> <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which is hereby acknowledged by the parties, the parties agree as follows: <br /> <br />1. Elk River hereby agrees from the date hereof, to save, indemnify, defend, and hold <br />Midwest harmless from any and all liabilities, claims, counterclaims, costs, and expenses of every <br />kind and nature in connection with Elk River's use of the Property for the purposes described <br />herein, including all attorneys' fees and costs. It is the intent of the parties hereto that Midwest <br />have no liabilities or obligations whatsoever in connection with Elk River's use of the Property for <br />such purposes. <br /> <br />Dated: -%..r <br /> <br />,1999 <br /> <br />CITY OF ELK RIVER <br /> <br />BY~~'O ,(~ <br /> <br />Ste anie A. Klinzing <br />Its: Mayor <br /> <br /> <br />By ~ j2~ O. (;L/ <br /> <br />Sandra A. Peine <br />Its: City Clerk <br /> <br />MunsoG 591300.1 <br />