1. Road/Orchrd Glen slide eros
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1. Road/Orchrd Glen slide eros
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<br />2. Cass County represents that it has allocated approximately $ from the <br />Red River Riparian Project to assist in cost of this remediation. Cass County and Murphy agree <br />to share under the following percentages all additional out-of-pocket costs and expenses incurred <br />to effect the remediation: <br /> <br />Cass County <br />Murphy <br /> <br />% <br />% <br /> <br />The parties are proceeding with the understanding that the total cost of the remediation is <br />expected to not exceed $ <br /> <br />3. For the purposes of tbis Agreement, Murphy hereby specifically consents to the <br />proposed plan of remediation and authorizes Cass County, its employees, or contractors to enter <br />upon the Murphy Property for the purposes of effecting the remediation plan described in the <br />attached Schedule 1, <br /> <br />4. Cass County, through its employees or contractors, specifically agrees that upon <br />completion of the remediation, the site will be seeded and planted with such materials as may be <br />necessary and appropriate to the expected terrain and that the site will be picked up and cleaned <br />to a condition substantially the same as it was prior to the beginning of the remediation, <br /> <br />5. Cass County agrees to indemnify and hold Murphy harmless nom and against any and <br />all claims made by agents, employees Of contractors of Cass County who participate in the <br />remediation, including claims arising from any act or negligence of CaBS County or any of its <br />agents, contractors or employees, and from and against all costs, attorneys fees, expenses, and <br />liabilities incurred and arising out of the construction or remediation project. <br /> <br />6. Murphy specifically agrees and does hereby hold Ca$s County harmless ftom and <br />against any and all claims that may arise in the future if the intended remediation project is not <br />successful and there continues to be a failure of the river bank that might effect the Murphy <br />Property, including the residence located thereon. Murphy acknowledges that as a material part <br />of the consideration to Cass County to arrange for and participate in the remediation of the river <br />bank, Murphy hereby assumes all risk of damage to the Murphy Property, including her <br />residence, from any cause arising out of CaBs County's contracting for and conducting the <br />remediation unless Cass County fails to follow the plan or through its gross negligence or <br />willful! misconduct there is damage either Murphy or the Murphy Property. <br /> <br />This Agreement shall be binding on the parties hereto and their successors and assigns, <br />specifically any subsequent owner(s) of the Murphy Property. For that purpose, this Agreement, <br />or a memorandum of the same, may be recorded in the office of the County Recorder for Cass <br />County, North Dakota. <br /> <br />Dated the day and year first above written. <br />
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