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USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL 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 IS 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 1N <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 />1.3.6 Upon written notice from Licensor; Licensee agrees to assume the defense: of any lawsuit. <br />or other proceeding brought against any Indernnitee by any entity, relating to. any matter <br />covered by this License for which Licensee has. an obligation to assume liability fora.n.dlor <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, Persona! -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.BEAT AT THE RISK OF.LICENSEE ONLY, <br />AND NO INDEMNITEE WELL 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: Licenseeshall, at its.sole.cost and expense, procure and maintain during the term of <br />this License the followinginsurance coverage: Coverage will be provided through the League of <br />Minnesota Cities Insurance Trust, <br />1.5.1 Commercial General Liability "CGL" 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 $5,000,000 peroccurrence and an aggregate limit <br />of at least $10,000,000 but in no event will. the coverage be inan amount less.thari the <br />amount otherwise carried by Licensee. Coverage Must :be purchased on a post 2004 <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. 20196916 <br />