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and its employees, consultants, and contractors will restore the portions of the Property affected by the Work to a condition as nearly equal as possible to the condition which existed prior. Nothing contained in this Agreement shall be construed on the part of the District as a waiver of common law and statutory immunities, or limits on liability pursuant to Minnesota Statutes Chapter 466. 4. DISTRICT RETAINS STATUTORY RIGHTS. The City acknowledges the District's right of entry pursuant to Minnesota Statutes, chapter 103D regardless of this Agreement or lack of any agreement. The City acknowledges that the District retains a reasonable right of entry to access the District Facility. The City and the District acknowledge that the purpose of this Agreement is to outline the agreed upon pathway and mechanism for the District to do the Work. 5. COORDINATION WITH CITY. The District acknowledges that the right of entry shall be exercised reasonably. The City acknowledges that the District may enter the Property without notice. The District shall coordinate with the City and its staff to identify and limit the scope of its work to, included but not limited to, the preservation of certain trees or other resources of importance to the City when the right of entry is exercised for the purpose of repairing or maintaining the District Facility. At least 48 hours prior to entry or commencing any work on the Property, the District shall notify Arden Hills Public Works of the intended entry or work. 6. ACKNOWLEDGEMENT OF REASONABLENESS. The City acknowledges that the entry upon the Property pursuant to this agreement is reasonable and, so long as executed pursuant to this agreement and in a manner consistent with the plan for the Work, shall not create a claim for damages related to the entry. [SIGNATURE PAGE TO FOLLOW] Page 2 of 5 4922-5966-1683, v. 1