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000893 <br /> and expenses of every kind and description by reason of bodily injury sustained by any <br /> person or persons (including death at any time resulting therefrom), or damages to <br /> property, including loss of use thereof, resulting from J & H's acts or omissions under this <br /> Agreement or CUP 1478. This provision is not intended to limit or waive any defenses <br /> available to Blooming Grove, including those established by section 893.80, Wis. Stats., <br /> or any successor statutory provision. The terms and conditions of this indemnification <br /> agreement shall include J & H's obligation to pay the reasonable costs incurred by the <br /> Town for legal fees in enforcing any provision herein or by virtue of the Town being <br /> named a party to any proceeding covered by this Paragraph. <br /> 19. Annexation. J & H agrees that during the term of this Agreement, it shall <br /> not vote or petition to have the Property annexed to the City of Madison. In the event <br /> that the Property is annexed to the City of Madison, J & H shall continue to abide by the <br /> terms and conditions of this Agreement, including making all of the payments to <br /> Blooming Grove required by this Agreement. <br /> 20. J & H to Reimburse Blooming Grove for Drafting Agreement. J & H shall <br /> reimburse Blooming Grove for its actual legal fees for drafting this Agreement. <br /> 21. J & H Due Diligence. J & H represents that in executing this Agreement <br /> it has relied on its own due diligence and has had the opportunity to consult with qualified <br /> professionals of its own choosing and at its own expense, including without limitation, <br /> legal counsel. J & H further represents that it is not relying on Blooming Grove or <br /> Blooming Grove's attorney for legal advice and acknowledges that Blooming Grove's <br /> attorney was representing Blooming Grove in drafting this Agreement. <br /> 22. CUP 1478. The terms and conditions of CUP 1478 are incorporated into <br /> this Agreement. The terms and conditions of this Agreement shall be incorporated into <br /> and made applicable to CUP 1478. CUP 1478 may be revoked by Dane County for any <br /> uncured default of this Agreement. <br /> 23. Right of Inspection. Blooming Grove shall have the right to periodically <br /> inspect the Property upon reasonable notice to J & H, to ensure J & H's compliance with <br /> this Agreement. <br /> 24. Recording. Blooming Grove may record this Agreement with the Dane <br /> County Register of Deeds. All costs of recording shall be paid by J & H. The parties <br /> expressly agree that Exhibit B shall not be recorded. In lieu of recording, a copy of <br /> Exhibit B shall be available for inspection at the Blooming Grove Town Hall, 1880 S. <br /> Stoughton Road, Madison, WI 53716. <br /> I i a W I P\9531\34\AG,C B H <br /> 0310981719 6 <br />