i. Southeast Cass WRD-access agreement

Southeast Cass Water Resource District Access Agreement Page 2 Parcel 5: Lot 29, Block 1, Chrisan Glen Subdivision, Cass County, North Dakota, Cass County Parcel Numbers 64-0450-00290-000. Parcel 6: Certain real property lying in the South Half (S~) of Section Seven (7), Township One Hundred Thirty-eight (138) North, Range Forty- eight (48) West, Cass County, North Dakota, Cass County Parcel Number 64-0450-00080-010 Parcel 7: Certain real property lying in the North Half (N~) of Section Eighteen (18), Township One Hundred Thirty-eight (138) North, Range Forty-eight (48) West, Cass County, North Dakota, Cass County Parcel Number 64-0600-03711-010. (collectively, the "Property"). The District's temporary rights under this Agreement include the right of ingress and egress to the Property; the right to enter upon and occupy the Property; and the right to conduct parcel review and field design, including parcel survey, parcel staking, visual observation, and data collection for purposes of an environmental assessment. 2. Ownership. Grantor warrants that Grantor is the fee simple owner of the Property; that Grantor has the authority and right to execute this Agreement; and that this Agreement does not violate any mortgage or other interest held by any third party regarding the Property, or any portion of the Property. 3. Term. The rights and privileges granted under this Agreement will begin immediately and will continue until the District completes its objectives identified in Section 1 above, but no later than June 15,2009. 4. Condition of the Pronertv. The District will return the Property as nearly as practicable to its original condition, taking into consideration the nature of the work being performed. 5. Indemnity. The District agrees to indemnify and hold Grantor harmless from any and all claims, damages, or losses to the Property that arise out ofthe District's negligence on the Property.