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16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />The designated representatives shall determine whether or not existing insurance <br />coverage of the parties is adequate to cover the exposure to bodily injury and property <br />damage occurring on the improvements. If existing coverage is inadequate, the <br />designated representatives shall determine what additional coverage is required. <br /> <br />With respect to any activities which take place on the facilities and are clearly sponsored <br />by one of the parties, then with respect to those activities, that party agrees to indemnify <br />and hold the other party harmless from any and all claims, damages, costs or expenses, <br />including attorney's fees, arising out of such activities. To the extent permitted by <br />applicable insurance, each party waives any right of subrogation against the other with <br />respect to any bodily injury or property damage occurring on or arising out of the use of <br />the facilities. <br /> <br />This Agreement and the easements granted hereunder shall be for a term of twenty-five <br />(25) years commencing on the date of this Agreement. It shall thereafter be automatically <br />renewed for successive periods of five (5) years unless either party shall give written <br />notice of its intent to terminate this Agreement, at least six (6) months prior to the <br />expiration of the then current term. <br /> <br />This agreement is personal to the parties and neither the rights nor the obligations of <br />either party may be assigned without the written consent of the other. It contains the <br />entire agreement between the parties and may not be varied except by an instrument in <br />writing signed by the parties. It shall be governed and construed under the laws of the <br />State of North Dakota. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first <br />above written. <br /> <br />CASS COUNTY GOVERNMENT <br /> <br />By: <br /> <br />And <br /> <br />Cass County Commission Chairman <br /> <br />Auditor, Cass County <br /> <br /> <br />