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<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 enforce any orOwner's obligations under this Agreement
<br />shall constitute a waiver of enforcement of that or any other default by Owner.
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<br />7. Indemnification. Owner shall indemnify, defend, and hold harmless Cass County
<br />and any ofCass County's employees, agents, officers, 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 at: or as a result of this Agreement or the Project.
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<br />8. Successors. The covenants, terms, conditions, provisions, undertakings, and
<br />casements in this Agreement are pernlanent and perpetual, except as sped fically 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 were in every case named and expressed, and shall be
<br />constmed as covenants mnning with the land.
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<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.
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<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 the Property.
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<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.
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<br />12. Applicable Law. This Agreement shall be constmed 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 relating to this Agreement, or the breach of this Agreement, shall be determined by
<br />proceedings litigated in District Court in Cass County, North Dakota. The parties expressly consent
<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.
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<br />13. Amendments. This Agreement may not be changed orally, but only by an agreement
<br />in writing and signed by all parties to this Agreement.
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<br />14. Headim~s. Headings in this Agreement are for convenience only and shall not be
<br />used to interpret or constme its provisions.
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<br />15. Cooperation. The parties agree to execute and deliver any instruments in writing
<br />necessary to carry out any term, condition, obligation, or assurance in this Agreement whenever
<br />occasion shall arise and a party requests an instmment, including any documents necessary to record
<br />this Agreement, or to renew its terms.
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