2. Land use agreements-Kensington Place
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2. Land use agreements-Kensington Place
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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 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, onicers, 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 />reI ief made by any person, natural or not, and allliabi lities, 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 />8. Successors. The covenants, tcm1S, conditions, provisions, undertakings, and <br />eascmcnts in this Agreement are pem1anent 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 were 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 casements 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 the Property. <br /> <br />II. 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 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. <br /> <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. <br /> <br />14. Headines. Headings in t!1lS 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 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 instrument, including any documents necessary to record <br />this Agreement, or to renew its terms. <br /> <br />-5- <br />
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