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USE OF THE. PREMISES AS CONTEMPLATED BY THIS LICENSE SHALE LICENSOR <br />BE. RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE <br />PREMISES. <br />13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR.SHE 1S AN <br />EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW, <br />LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, <br />INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND <br />AGAINST ANY LIABILITIES ARISING OUT OF OR. RELATED TO (IN WHOLE. OR IN <br />PART) ANY SUCH ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF <br />EMPLOYMENT BY .AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY <br />PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE <br />SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE, <br />OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION <br />AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE.. <br />13.5 THE FOREGOING OBLIGATIONS OF LICENSEE: SHALL NOT APPLY TO THE <br />EXTENT LIABILITIES ARE PROXIMATELY CAUSED BY THE. GROSS NEGLIGENCE. <br />OR WILLFUL MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY' TO ALL <br />OTHER LIABILITIES, INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY <br />OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT <br />LIABILITY OF ANY INDEMNITEE. <br />13.6 Upon written notice from Licensor, Licensee agrees to assume the. defense of any lawsuit <br />or other proceeding broughtagainst. any Indemnitee by any entity, relating. to any matter <br />covered by this License for which Licensee has. an obligation to assume. liability for and/or <br />save and hold harmless any Indemnitee. Licensee shall pay all costs and expenses <br />incident to such defense,. including, but not limited to, reasonable attorneys' fees, <br />investigators' fees; litigation and appeal expenses, settlement.payments, and amounts paid <br />in satisfaction of judgments. <br />14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY OF LICENSEE AND ANY <br />LICENSEE PARTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR <br />RELATED MATERIALS UPON THE PREMISES WILL 13E AT THE RISK OF LICENSEE ONLY, <br />AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, <br />EXCEPT TO THE EXTENT DUE IN WHOLE OR IN PART TO THE GROSS NEGLIGENCE <br />OR ANY WILLFUL MISCONDUCT OF ANY INDEMNITEE. <br />15. Insurance. Licensee .shall, .at.its sole cost and expense, procure and maintain during the term of <br />this License the following insurance coverage: Coverage Will be provided through the League of <br />Minnesota Cities. Insurance Trust. <br />15.1 Commercial General Liability "GGL" Insurance: Coverage will be. provided as set forth by <br />the Minnesota. Municipal statutes. The following coverage will apply to contractors <br />performing work; <br />a. The policy will provide a minimum of$5,000,ODD per occurrence and an aggregate limit. <br />of at least $1.010OOT000 but in no event will the coverage.be in an amount less than the <br />amount. otherwise carried by Licensee. Coverage must be purchased on a.post.2404 <br />ISO occurrence form or equivalent and include coverage for, but:not limited to, the <br />following: <br />■ Bodily Injury and Property Damage <br />• Personal Injury and Advertising Injury <br />• Fire legal liability <br />•, Products:and completed operations <br />Form 424; Rev. 20160916 <br />