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• <br /> 11. Indemnification. The Operator agrees to indemnify and save harmless the <br /> Town, their agents, representatives, board members, officers and employees from any and all <br /> liability, loss or damage, costs, attorneys' fees and expense that the Town or its agents, <br /> representatives, board members, officers and employees suffer as a result of any proceeding, <br /> action or claim against the Town arising in any way out of the operation or use of the mineral <br /> extraction site. The Operator's agreement to the indemnification in this Section 11 shall run <br /> with the mineral extraction site and be perpetual. <br /> 12. Waiver. No waiver of any breach of this Agreement shall be held to be a <br /> waiver of any other subsequent breach. The failure of the Town to enforce at any time any of <br /> the provisions of this Agreement, or to exercise any option which is herein provided, or to <br /> require at any time performance by Operator of the provisions hereof shall be in no way <br /> construed to be a waiver of such provision, nor in any way affect the validity of this <br /> Agreement or any part thereof, or the right of the Town to thereafter enforce each and every <br /> provision. <br /> 13. Severability. If any portion of this Agreement is held invalid, the remainder of <br /> this Agreement shall not be affected thereby. <br /> 14z' Recording. It it understood that this Agreement shall be recorded with the <br /> Dane CoCinty Re i eeds and its terms shall be binding upon the successors and assigns <br /> of the Operator and Anderson. <br /> 15. Effective Approval. Approval and adoption of this Agreement by the Town <br /> does not constitute approval or disapproval by the Town of the mineral extraction site, the <br /> need for the site, and/or the feasibility or method of operation. The parties acknowledge that <br /> Dane County is vested with the final decisionmaking authority as to whether to grant a <br /> Conditional Use Permit for mineral extraction. <br /> 16. Applicable Law. This Agreement shall be interpreted according to the laws of <br /> the State of Wisconsin. <br /> 17. Conflict. The parties shall request that the terms of this Agreement be <br /> incorporated into the terms of any CUP issued by Dane County for the Property. In the event <br /> there is any conflict between the terms and conditions of this Agreement with the Conditional <br /> Use Permit issued by the County or with the County, State or Federal regulations affecting <br /> quarry operations, the more restrictive terms and conditions shall prevail and control. <br /> 7 <br />