2. Land use agreements-Kensington Place

breach or threatened breach by Owner of any provision or provisions of this Agreement. No delay or failure by Cass County and/or RRRC to enforce any of Owner's obligations under this Agreement shall constitute a waiver of enforcement of that or any other default by Owner. 7. Indemnification. Owner shall indemnity, defend, and hold hannless Cass County and any of Cass County's employees, agents, otTicers, and representatives, and their successors and assigns. as well as RRRC and any ofRRRCs employees, agents, officers. and legal representatives. and their successors and assigns, against all claims, demands, actions, causes of action. or claim tor relief made by any person, natural or not, and all liabilities, expenses, and losses incurred by Cass County and/or RRRC arising out oC or as a result of this Agreement or the Project. 8. Successors. The covenants. terms. conditions, provisions. undertakings, and casements in this Agreement are permanent and perpetual. except as speci fically provided, and shall extend to, and be binding upon. the heirs. executors, administrators, successors. assigns, and lessees of the parties to this Agreement. as if they were in every case named and expressed. and shall be construed as eovenants running with the land. 9. Owner Warranties. Owner covenants and warrants that Owner is the fee simple oVv'ner of the Property, Owner has good and marketable title to the Property, and Owner has the authority to enter into this Agreement and to grant the casements described in this Agreement. 10. Environmental Condition ofthe Property. Owner agrees neither Cass County nor RRRC shall have any responsibility for pre-existing environmental contamination or liabilities regarding the Property. II. Severability. If any Court of competent jurisdiction declares any provision or part of this Agreement to be invalid or unenforceable, all remaining ten11S and provisions of this Agreement shall remain binding and enforceable. 12. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of North Dakota. All claims. disputes, and other matters in question arising out of or relating to this Agreement, or the breach of this Agreement. shall be determined by proceedings litigated in District Court in Cass County, North Dakota. The parties expressly consent to the venue and jurisdiction of any court of competent jurisdiction in Cass County, North Dakota, and cxpressly waive any objection to personal jurisdiction. 13. Amendments. This Agreement may not be changed orally, but only by an agreement in writing and signed by all parties to this Agreement. 14. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions 15. Cooperation. The parties agree to execute and deliver any instruments in writing necessary to carry out any ternl, condition. obligation, or assurance in this Agreement whenever occasion shall arise and a party requests an instrument, including any documents necessary to record this Agreement, or to renew its ternlS. -5-