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sprinkler systems located in the 10 Street Northwest right -of -way and the use of the <br />Encroachment Area by the Master Association. The Single Family Association shall indemnify, <br />hold harmless and defend the City, its officials, employees, contractors and agents, from and <br />against any and all claims, losses, proceedings, damages, causes of action, liability, costs or <br />expenses (including reasonable attorneys' fees), arising from or in connection with or caused by <br />any act, omission or negligence of the Single Family Association, its contractors, licensees, <br />invitees, agents, servants or employees in connection with the maintenance, operation, repair, <br />improvement and replacement of the landscaping and the underground sprinkler systems located <br />in the Northwest Parkway right -of -way and the use of the Encroachment Area by the Single <br />Family Association.Nothing in this Agreement shall be construed as either party waiving any <br />exception from, or limitation on, its liability provided in Minnesota Statutes, chapter 466 or in <br />other law. <br />8. Governing Law and Amendments. This Agreement shall be governed by the <br />laws of the State of Minnesota and may only be modified or amended with the written consent of <br />all parties. <br />9. Binding Agreement. This Agreement constitutes the entire agreement between <br />the parties regarding this matter and is binding on the parties until terminated by mutual <br />agreement or revoked by the City. <br />10. Incorporation. The recitals contained herein, and the exhibits attached hereto, <br />are incorporated in and made part of this Agreement. <br />4 <br />449236v2 NE136 -8 <br />6405221v5 <br />