9A, City - County Joint Powers Agreement for TCAAP

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taken to implement the County's Work. The Army shall also have the limited authority to direct the County, its contractors, and/or agents to stop work if the work is not being performed in accordance with the Work Plan; provided, however, that unless such deficiency constitutes an emergency situation, prior to issuing any such stop work order the Army will identify the deficiency in writing to the County and GSA and the parties will promptly and cooperatively attempt to determine a method for curing such deficiency that does not require a work stoppage. This method for cure, if mutually agreed upon, shall be immediately commenced and diligently pursued by the County. In the event that work is so stopped, Army, GSA and the County shall promptly discuss and determine how to proceed and/or cure any deficiency. Any costs associated with a work stoppage or curative work for nonconforming work shall be the responsibility of the County. If the County's Work is determined not to be nonconforming, then any costs associated with a work stoppage shall be the responsibility of the Army. 6. Site Conditions and Security. The County will be responsible for the costs related to utilities, insurance, security and maintenance associated with the equipment and activities of the County, its employees, agents,and invitees on the Leased Property. In the event the Term is terminated by the Government in accordance with this Lease and does not expire on the Expiration Date, the County shall, at its sole cost and expense promptly repair or replace any property of the Government damaged or destroyed by the County incident to the use and occupation of the Leased Property. 7. Groundwater Remediation. The Army and/or its contractors will be performing certain groundwater remediation on the Leased Property during the Term. The County hereby agrees that it will not interfere with the groundwater remediation activities of the Army or its contractors. The Army shall use commercially reasonable efforts to provide to the County timely notification of its remediation activities that may interfere with the occupation and use of the Leased Property and to minimize potential conflicts between the groundwater remediation activities and the County's Work on the Leased Property. Any entry on the Leased Property by the Army to conduct response or remedial actions shall be coordinated with the County and shall be performed in a manner that minimizes interruption of activities of the County or its designated representatives, and shall not unreasonably interfere with the conduct of business on the Leased Property. The Army shall repair any damage to the Leased Property, including improvements thereon, resulting from such entry, to the condition existing immediately before its entry thereon. Notwithstanding anything in this Lease to the contrary, the County shall, at its sole cost and expense, promptly repair any damage made to any property used in connection with such groundwater remediation activities that is the result of actions by the County. 8. Insurance. As a political subdivision of the State of Minnesota, the County is self-insured. As a condition for this Lease, the County shall throughout the duration of the Term, cover (i) claims attributable to the County (and/or its employees, agents, invitees and contractors) and arising from bodily injury, personal injury and property damage occurring upon, in or about the Government Property; and (ii) Workers' Compensation claims as required by law. The County shall ensure that its contractors and agents maintain general liability insurance with respect to the Leased Property naming the County, the Army and the Government as additional insureds. 26 176632vl