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200705368 CARGILL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE CONDITION OF THE PREMISES. Section 10. Liens Pioneer Trail will keep the Premises free of any and all liens which may be filed against the Premises as a result of any Work performed by or on behalf of Pioneer Trail. Pioneer Trail covenants and agrees to hold harmless and indemnify Cargill from and against any costs, expenses and liabilities from any mechanic's, laborers', materialmen's or other liens, of whatsoever nature, which may be filed against the Premises during the term of this Agreement as a result of any Work performed by or on behalf of Pioneer Trail. Pioneer Trail further covenants and agrees that each and every person or firm who has furnished, or claims to have furnished, any services, work, materials, labor, furniture, fixtures, equipment and/or other items to or on behalf of the Pioneer Trail in connection with the Work will be fully paid, and no valid lien or claim by any subcontractor, sub-subcontractor, laborer or supplier may be filed against (a) the Premises to which the services, work, materials, labor, furniture, fixtures, equipment and/or other items were supplied; (b) the improvements located thereon; (c) Cargill, any of Cargill's property or Cargill's officers, directors, employees, agents or representatives; or (d) sureties of Cargill (if any) for any services, work, materials, labor, furniture, fixtures, equipment and/or other items furnished or to be furnished by any of Pioneer Trail's subcontractors, sub-subcontractors, laborers or suppliers or for anything else related to the Work (whether billed or unbilled). Pioneer Trail will discharge any such liens (or bond over any such liens as to which a dispute exists with sureties as may be reasonably acceptable to Cargill) within thirty days ofthe filing thereof. Section 11. Entire Al!reement. This Agreement and any referenced exhibits (which are hereby incorporated by this reference) contain the entire understanding and agreement of the parties hereto and will not be modified in any manner except by an instrument in writing executed by both parties. This Agreement supersedes all prior agreements, arrangements and understandings, written or oral, relating to the subject matter hereof, including the Letter Agreement. In the event that any term, covenant or condition herein contained is held to be invalid or void by any court of competent 5