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defend THE CHAMBER, their officers and employees against any and all liability, loss, costs, <br /> `- damages, expenses, claims or actions, including attorneys fees which THE CHAMBER, its <br /> officers and employees may hereafter sustain, incur or be required to pay, arising out of or by <br /> reason of any act or omission of THE CITY, its agents, servants or employees in the execution, <br /> performance or failure to adequately perform THE CITIES obligations pursuant to this <br /> agreement. This shall include any and all copyright, trademark, patent or other intellectual real <br /> property claims, issues or matters arising out of THE CITIES act or omission. <br /> Notwithstanding the foregoing, THE CITY'S liability under this Agreement shall be limited to <br /> and governed by Minn. Stat. Chapter 466 and other applicable laws. By entering into this <br /> Agreement, THE CITY does not waive any liability limits under Chapter 466 of the Minnesota <br /> Statutes. <br /> IN TESTIMONY WHEREOF THE CHAMBER and THE CITY have hereunto set their hands <br /> on the date set forth above. <br /> The Brainerd Lakes Area <br /> Chambers of Commerce The City of Pequot Lakes <br /> By By <br /> Cathy Malecha <br /> Its Its Mayor <br /> By By <br /> Sandy Peine <br /> Its Its City Clerk <br /> S:\LAW\TE=5000.050\BOBBER WATER TOWER MAINTENANCE AGREEMENT REVISED.doc <br /> 2 <br />