04. Updated Forest Mitigation Agreement with the Metro Flood Diversion Authority

6 clear and grub with tree planting, and treat with glyphosate and/or pre-emergent herbicide. The Authority will provide the necessary reports regarding its monitoring in accordance with the AMMP and the Forest Mitigation Plan. Section 4.03 COUNTY RESTRICTIONS. The County agrees to not interfere with the Authority’s activities on the County Parcels as set forth in this Agreement, to prevent any activity or use of the County Parcels that is inconsistent with the purpose of this Agreement, and to require the restoration of areas or features that may be damaged by any inconsistent activity or use. In the event that the County transfers its interest in the County Parcels to any other individual or entity, it will notify the individual or entity of the conservation easement on the County Parcel. ARTICLE V. INDEMNIFICATION Section 5.01 INDEMNIFICATION. As set forth in the Joint Powers Agreement, the Authority, to the fullest extent authorized by law, shall at all times hereafter, defend and indemnify the County for any liability claims arising from Authority activities or operations, decisions of the Authority, or arising out of or regarding the Comprehensive Project. The Parties agree that the Authority’s use of the County Parcels for the activities set forth herein falls within the scope of the indemnification provisions of the Joint Powers Agreement, and, as a result, the Authority will indemnify the County from any and all claims, suits, debts, damages, costs, charges and expenses, including court costs and attorney’s fees, and legal fees or disbursements paid or incurred, and against all liability, losses, and damages of any nature whatsoever arising out of the forest mitigation and monitoring activities set forth herein. The indemnity and hold harmless provision, however, shall not be deemed as a waiver by the Authority of the limits of liability set forth in N.D.C.C. § 32-12.1-03, as amended from time to time, or a waiver of any available immunities or defenses. Nothing herein shall be construed to provide insurance coverage or indemnification to any officer, employee, or volunteer of the County for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. ARTICLE VI. TERM AND TERMINATION Section 6.01 TERM. This Agreement will have an original term of ten (10) years from the Effective Date (the “Original Term”) and shall automatically renew for subsequent renewal terms of ten (10) years (a “Subsequent Renewal Term”) unless terminated in accordance with this Agreement. Section 6.02 TERMINATION. The Parties may mutually agree to terminate this Agreement prior to the expiration of the Original Term or a Subsequent Renewal Term; provided, however, the Conservation Easement will remain in place following the termination of this Agreement. ARTICLE VII. DISPUTE RESOLUTION