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2022 03-15 CC PACKET
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2022 03-15 CC PACKET
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1/8/2026 7:53:50 AM
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1/8/2026 7:49:53 AM
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ADM 05000
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CITY COUNCIL PACKETS
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.If to Operator: Minnesota Commercial Railway Company <br />508 Cleveland Avenue N. <br />St. Paul, MN 55114 <br />Attn: <br />If to Licensee: City of Gem Lake <br />4200 Otter Lake Road <br />Gem Lake, MN 55110 <br />Attn: <br />28, Survival. Neither termination nor expiration will 'release either party from any liability or obligation <br />under this License, whether of indemnity or otherwise, resulting from any acts, omissions or:events <br />happening prior to the date of termination or expiration., or, if later, the date when the Pipeline and <br />the other Improvements are removed and the Restoration Obligations are completed in accordance <br />with the terms hereof. <br />29. Covenants Running with Lands Recordation. THIS LICENSE SHALL BE CONSTRUED AS. <br />RUNNING WITH THE LANDS BENEFITTED HEREBY, INCLUDING WITHOUT LIMITATION THE <br />PROJECT AREA DESCRIBED ON EXHIBIT "B" ATTACHED HERETO; HOWEVER, THE <br />RIGHTS GRANTED HEREIN ARE NEITHER EXCLUSIVE NOR A DEDICATION OF THE <br />PREMISES TO LICENSEE, THIS LICENSE AND ALL OF THE TERMS, :COVENANTS AND. <br />PROVISIONS HEREOF SHALL INURE TO THE BENEFIT OF AND BE FULLY BINDING ON <br />LICENSEE, LICENSOR, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (INCLUDING <br />ALL PERSONS OR ENTITIES ACQUIRING ALL OR ANY PORTION OF THE PROJECT.AREA <br />OR THE PREMISES): It is understood and agreed that this License shall not be placed or allowed <br />to be placed for recording in the applicable public. (and records. <br />W. Applicable Law. All questions. concerning the. interpretation or application of provisions of .this <br />License shall be. decided according to the substantive laws of the State of Minnesota without regard <br />to.conflicts of law provisions. <br />31: Severability: To the maximum extent possible, each provision of this License shali be interpreted <br />in such manner as to be effective and valid under applicable law,. but if any provision of this License <br />shall beprohibited by,.or held to be. invalid under, applicable law, such provision shall be ineffective <br />solely to the extent of such prohibition. or invalidity; and this shall not invalidate the remainder of <br />such provision or any other provision of this License. <br />32. Integration.. This. License is the full and: complete agreement between Licen.sor.and Licensee with <br />respect to all matters relating to Licensee's use of the. Premises, and supersedes any and all other <br />agreements between. the parties hereto relating to Licensee's use of the Premises as described <br />herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or <br />Licensee's obligation to defend:and hold Licensor harmless in any priorwritte.n agreement between <br />the parties. <br />33. Joint and Several Liability. If Licensee consists of two or more parties., all the covenants and. <br />agreements of Licenseeherein contained shall be the joint and several covenants. -and agreements <br />of such parties. <br />34. Waiver. The waiver by: Licensor of the: breach of any provision herein by Licensee. shall in no way <br />impair the. right of Licensor to enforce that provision for any subsequent breach thereof. <br />35, Interpretation. <br />13 Fomi 424; Rev. 201909,16 <br />
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