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<br />including rcasonable attorneys' fees, or fl:es equivalcnt to reasonable attorneys' fees for all timc <br />spent by the enforcing party. The specified remedies to which Cass County and/or RRRC may resort <br />undcr thc tcrms of this Agreement are cumulative and arc not intended to be exclusive of any other <br />remedies or means of redress to which Cass County and/or may be lawfully entitled in case of any <br />breach or threatened breach by Owner of any provision or provisions of this Agreement. No delay <br />or failure by Cass County and/or RRRC to cnt()rce any of Owner's obligations under this Agreement <br />shall constitute a waiver of enforcement of that or any other default by Owner. <br /> <br />7. Indemnification. Owner shall indemnify, defend, and hold harmless Cass County <br />and any ofCass County's employees, agents, offieers, and representatives. and their successors and <br />assigns, as well as RRRC and any ofRRRC's employees, agents, officers, and legal representatives, <br />and their successors and assigns, against all claims, demands, actions. causes of action. or claim for <br />relief made by any person, natural or not. and all liabilities, expenses. and losses incurred by Cass <br />County and/or RRRC arising out of: or as a result of this Agreement or the Project. <br /> <br />~( Successors. The covenants, terms, conditions. provisions, undertakings, and <br />easements in this Agreement are permanent and perpetual, except as specifically provided, and shall <br />extend to, and be binding upon, the heirs, executors, administrators, successors, assigns, and lessees <br />of the parties to this Agreement, as if they \vere in every case named and expressed. and shall be <br />construed as covenants running with the land. <br /> <br />9. Owner Warranties. Owner covenants and warrants that Owner is the fee simple <br />owner of the Property, Owner has good and marketable title to the Property, and Owner has the <br />authority to enter into this Agreement and to grant the easements described in this Agreement. <br /> <br />10. Environmental Condition ofthe Property. Owner agrees neither Cass County nor <br />RRRC shall have any responsibility for pre-existing environmental contamination or liabilities <br />regarding thc Property. <br /> <br />11. Severability. If any Court of competent jurisdiction declares any provision or part <br />of this Agreement to be invalid or unenforceable, all remaining terms and provisions of this <br />Agreement shall remain binding and enforceable. <br /> <br />12. Applicable Law. This Agreement shall be construed in accordance with and <br />governed by the laws of North Dakota. All claims, disputes, and other matters in question arising <br />out of or rclating to this Agreement, or the breach of this Agreement. shall be determined by <br />proceedings litigated in Distriet Court in Cass County, North Dakota. The parties expressly eonsent <br />to the venue and jurisdiction of any court of competent jurisdiction in Cass County, North Dakota, <br />and expressly waive any objection to personal jurisdiction. <br /> <br />13. Amendments. This Agreemcnt may not be changed orally, but only by an agreement <br />in writing and signed by all parties to this Agreement. <br /> <br />14. Headin2s. Headings in this Agreement are for convenience only and shall not be <br />used to interpret or construe its provisions. <br /> <br />15. Cooperation. The parties agree to execute and deIi\ cr any instruments in writing <br />necessary to carry out any term, condition, obligation, or assurance in this Agreement whenever <br /> <br />-5- <br />