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5. Should Owner elect to terminate this Agreement, it shall be Ownery <br />to find an alternative means to discharge its surface water which complies with all local <br />ordinances or state laws. Should Owner terminate this Agreement, it shall be responsible <br />sewer system. <br /> <br />6. Owner agrees and undertakes to indemnify and hold City, and its respective agents, <br />employees, successors, and assigns, harmless from any liability, loss, costs, damages or <br />City may suffer or incur as a result of any <br />claims or actions which may be brought by any person or entity arising out of this <br />Agreement. If any action is brought against City or its respective agents, employees, <br />successors, or assigns, in connection with this Agreement, Owner agrees to defend such <br />action or proceedings at its own expense and to pay any judgment rendered therein. <br /> <br />7. This Agreement may not be assigned by Owner without the express written consent of <br />City which such consent may be withheld for any reason; provided however, no consent <br />shall be required for assignment of rights hereunder to any successor owner of the multi- <br />story office building above provided the continued use and level of discharge from such <br />site shall not increase. <br /> <br />8. This Agreement shall be construed and interpreted according to the laws of the State of <br />Indiana. <br /> <br />9. This Agreement sets forth the entire agreement and understanding between the parties as <br />to the subject matter hereof, and merges and supersedes all prior discussions, agreements, <br />and understanding of any and every nature between them. <br /> <br />10. The person signing on behalf of Owner represents that he/she has been duly authorized to <br />execute this Agreement on behalf of Owner. <br /> <br />IN WITNESS WHEREOF, City and Owner, through their duly authorized representatives, <br />have caused this Agreement to be executed as of the day and year first written above. The parties <br />have read and understand the foregoing terms of this Agreement and do, by their respective <br />signatures hereby agree to its terms. <br /> <br /> <br /> <br />(Remainder of page left blank) <br /> <br /> -2- <br /> <br />