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<br />" <br /> <br />terminating; and also the East 10 feet of the West 160 feet of the <br />North 110 feet of the South 1250 feet of said Southeast 1/4 of said <br />Section 29 (the Easement); and <br /> <br />WHEREAS, the City has conditioned approval of the Application upon receipt <br />from Micom of an agreement to hold the City harmless from claims arising from <br />the construction by Micom over the Easement. <br /> <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, <br />it is agreed as follows: <br /> <br />1.) ~ Harmless Agreement - Micom agrees to hold the City harmless from <br />any and all claims arising from damage to or interference with that portion of <br />the Easement located on the Property which may be caused by or arise from con- <br />struction of the Ramp by Micom, its agents, or contractors under its employ. <br />Micom agrees that it shall bring no claim against the City for damage to the <br />Ramp resulting from the performance of necessary sewer repairs by the City on <br />that portion of the Easement located on the Property and intersected by the <br />Ramp. <br /> <br />2.) Consideration - In consideration for the making of the Agreement, the <br />City acknowledges that it has required Micom to make such Agreement as a condi- <br />tion of the approval of the Application, and that the Agreement saisfies such <br />condition. <br /> <br />3.) Entire Agreement This Agreement contains the entire agreement <br />between the parties and may be amended only by a writing signed by the parties <br />to this Agreement. <br /> <br />4.) Binding Effect - This Agreement shall be binding and inure to the <br />benefit of the parties hereto, their successors and assigns. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of <br />the day and year first above written. <br /> <br />CITY OF NEW BRIGHTON <br /> <br />By: ~n.fJ'o"I"- <br />Its: . ~ <br />MICOM CORPORATION (i <br /> <br />By: ~~ --/sW! /1/ <br /> <br />Its': President - . { <br /> <br />2. <br />