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- 2 - <br /> before an agreement for the Easement was reached, the sanitary sewer was <br /> installed across Lot 1. <br /> I. JDN and the owner of Lot 1 have continued to negotiate for the Easement, but to <br /> date have been unsuccessful in reaching an agreement. <br /> J. The owner of Lot 1 has threatened to plug or otherwise interfere with the use of <br /> the sanitary sewer. <br /> K. The City desires to prevent interference with sanitary sewer service to the <br /> Shopping Center occupants and customers and to complete the acquisition of the <br /> Dedicated Sewer as contemplated by the parties such that the City's may maintain <br /> adequate and proper public sanitary sewer service to the Shopping Center and <br /> other future users of the Dedicated Sewer. <br /> L. The City has undertaken to acquire the Easement, including by possible use of its <br /> powers of eminent domain. <br /> M. The City will incur expenses in the acquisition of the Easement, including but not <br /> limited to the expense of obtaining an appraisal to establish the fair compensation <br /> to be paid to the owner of Lot for the Easement and the payment of such fair <br /> compensation. <br /> N. JDN has agreed to indemnify the City from and against the expenses of acquiring <br /> the Easement. <br /> NOW THEREFORE, in consideration of the foregoing and the following mutual <br /> promises, the parties agree as follows: <br /> 1. Indemnification. <br /> (a) JDN shall indemnify the City against any costs and expenses that the City <br /> shall incur or suffer as a result of the construction Uy JDN's contractor of the sanitary <br /> sewer on Lot 1 and the acquisition of an Easement for the sanitary sewer, whether by <br /> eminent domain or otherwise, including but not limited to the cost of appraisal, expert <br /> witness fees and reasonable compensation paid by the City, or amounts awarded by a <br /> Court, to the owner of Lot 1. <br /> (b) Promptly after the City first has actual knowledge of a claim to which it is <br /> entitled to indemnification under this Agreement, the City shall give notice to JDN of <br /> such Claim in reasonable detail and stating the amount involved, if known, together with <br /> copies of any relevant written documents. <br /> (c) The parties shall fully cooperate with each other and their respective <br /> counsel in connection with any litigation, defense, settlement or other attempted <br />