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4.4 SR 06-05-2023
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4.4 SR 06-05-2023
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3. The City will maintain insurance with at least the minimum coverage consistent <br />with the liability limits provided under Minnesota Statutes, Chapter 466. Proof of existence of the <br />policy, including, without limitation, an insurance certificate will be provided by the City to the <br />Grantor within ten (10) days of the execution of this Easement. Furthermore, the City will <br />indemnify, defend and hold Grantor and its officers, members, governors, employees, contractors <br />and agents harmless from any and all liability, loss, cost or expense of any nature (including <br />reasonable attorneys' fees) or any claims made by it and any third parties for damages sustained <br />or costs incurred from the City's exercise of its rights under this Easement, or as a result from the <br />City's use of the Easement Premises, except for any costs or damages resulting from the negligence <br />or willful misconduct of Grantor, its officers, employees and agents. Nothing in this Easement <br />will constitute a waiver of the City of any statutory of common law immunities or liability <br />limitations. <br />4. The City, its contractors, agents, servants and assigns will use best efforts to <br />minimize the disturbance of Grantor's quiet enjoyment of the Easement Premises or the temporary <br />easement premises. <br />Grantor, for itself, its successors and assigns, does covenant with the City, its successors <br />and assigns, that Grantor is well seized in fee title of the above described Easement Premises; that <br />it has the sole right to grant and convey the easements to the City; that there are no unrecorded <br />interests in the Easement Premises; and that it will indemnify and hold the City harmless for any <br />breach of the foregoing covenants. <br />5. Nothing contained in this Easement will be deemed to be a gift or dedication of any <br />portion of the Easement Premises to the general public or for the general public or for any public <br />3 <br />2261920 <br />
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