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<br /> -2- <br />1. City agrees to construct a retaining wall along the frontage of and completely within the <br />Private Property as shown in Exhibit A. The City will perform this work in accordance <br />with Indiana Code 36-1-12 et. al. <br />2. The retaining wall shall be property of the Owner, and all future maintenance of the <br />retaining wall shall be the responsibility of the Owner and Buyer, their successors, and <br />assigns, in perpetuity after it is constructed. <br />3. City reserves the right to terminate this Agreement in its sole discretion. Should the City <br />terminate this Agreement, it shall be the Owner and Buyer’s sole responsibility to resolve <br />the grade difference on the Private Property in a manner consistent with all applicable <br />City ordinances and design and construction standards no later than April 25, 2025. <br />4. The Owner and Buyer agree and undertake to indemnify and hold City, and its respective <br />agents, employees, successors, and assigns, harmless from any liability, loss, costs, <br />damages or expenses, including attorneys’ fees, which City may suffer or incur as a result <br />of any 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, the Owner and Buyer agree to <br />defend such action or proceedings at its own expense and to pay any judgment rendered <br />therein. <br />5. This Agreement may not be assigned by the Owner or Buyer without the express written <br />consent of City which such consent may be withheld for any reason. Any violation of this <br />limitation shall terminate this Agreement and forfeit the Owner and Buyer’s rights under <br />this Agreement.