2. Chrisan Glen riverbank slide issues

2. Cass County represents that it has allocated approximately $' from the ,Red River Riparian Project to assist in cost of this remediation. Cass County and Murphy agree to share under the following percentages all additional out-of-pocket costs and expenses incurred to effect the remediation: Cass County Murphy _% _% The parties are proceeding with the understancling that the total cost of the remediation is expected to not exceed $ 3. For the purposes of this Agreement, Murphy hereby specifically consents to the proposed plan of remediation and authorizes Cass County, its employees, or contractors to enter upon the Murphy Property for the purposes of effecting the remediation plan descnoed in the attached Schedule 1. 4. Cass County, through its employees or contractors, specifically agrees that upon completion of the remediation, the site will be seeded and planted with such materials as may be necessary and appropriate to the expected terrain and that the site will be picked up and cleaned to a condition substantially the same as it was prior to the beginning of the remediation, 5. Cass County agrees to indemnifY and hold Murphy harmless from and against any and all claims made by agents, employees or contractors of Cass County who participate in the remediation, including claims arising from any act or negligence of Cass County or any of its agents, contractors or employees, and from and against all costs, attorneys fees, expenses, and liabilities incurred and arising out of the construction or remediation project. . 6. Murphy specifically agrees and does hereby hold Ca$s County harmless from and against any and all claims that may arise in the future if the intended remediation project is not successful and there continues to be a failure of the river bank that might effect the Murphy Property, including the residence located thereon. Mwphy acknowledges that as a material part of the consideration to Cass County to arrange for and participate in the remediation of the river bank, Murphy hereby assumes all risk of damage to the Murphy Property, including her residence, from any cause arising out of Cass County's contracting for and conducting the remediation unless Cass County fails to follow the plan or through its gross negligence or willfull misconduct there is damage either Murphy or the Murphy Property. This Agreement shall be binding on the parties hereto and their successors and assigns, specifically any subsequent owner(s) of the Murphy Property, For that purpose, this Agreement, or a memorandum of the same, may be recorded in the office of the County Recorder for Cass County, North Dakota. Dated the day and year first above written.