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University is excess and non-contributory. The certificate of insurances must reflect that <br />322 <br />the above wording is included in the required policies. <br />323 <br />324 <br />g. All policies shall be written by a reputable insurance company with a current AM <br />325 <br />Best Rating of A-VII or better, and authorized to do business in Minnesota. <br />326 <br />327 <br />h. Licensee shall require that its contractors and consultants of every tier waive all <br />328 <br />subrogation and recovery rights against University for General Liability and Workers <br />329 <br />Compensation. <br />330 <br />331 <br />i. No endorsements, except those expressly stated herein, may be included on any <br />332 <br />policy limiting coverage. <br />333 <br />334 <br />j. Licensee’s contractors and consultants shall provide to University prior to <br />335 <br />entering onto the University Property fully executed Certificates of Insurance evidencing <br />336 <br />that they have obtained the required coverage and endorsements. <br />337 <br />338 <br />6. Permits. <br />In additional to any other approvals required by this Agreement, Licensee shall <br />339 <br />obtain from University’s Building Code Office any permits required for Licensee’s construction <br />340 <br />of the Project on the University Property. <br />341 <br />342 <br />7. Default. Default <br />Licensee shall be in default (“”) of this Agreement if Licensee violates <br />343 <br />or fails to perform or observe any covenant, condition, or obligation of this Agreement for a <br />344 <br />period of 10 days after Licensee’s receipt of written notice from University describing the <br />345 <br />alleged violation or failure, except with respect to Section 4.3, for which Licensee shall be in <br />346 <br />Default if it fails to commence correction of the unperformed covenant, condition, or obligation <br />347 <br />within 1 day after receipt of written notice and to thereafter diligently pursue such correction to <br />348 <br />completion. In the event of any such written notice by University to Licensee, University agrees <br />349 <br />that, upon request of Licensee, University representatives will meet and confer with <br />350 <br />representatives of Licensee to assist Licensee in understanding the alleged violation or failure <br />351 <br />and how it may be cured to the satisfaction of University. In the event of a Default, the <br />352 <br />University, in its sole discretion, may: (i) seek specific performance of the unperformed <br />353 <br />obligation; (ii) seek an injunction restraining a violation of this Agreement; (iii) perform <br />354 <br />Licensee’s obligations and charge Licensee for its costs reasonably incurred in doing so; or (iv) <br />355 <br />terminate this Agreement. Licensee shall promptly reimburse University for costs the University <br />356 <br />incurs under this section. Notwithstanding anything to the contrary in this Section 7, (a) in the <br />357 <br />event that correction of the condition which is alleged by University to constitute a failure by <br />358 <br />Licensee to perform or observe a covenant, condition or obligation of this Agreement requires <br />359 <br />work which is impractical due to reasonably foreseeable weather conditions during said 10 day <br />360 <br />period, provided that Licensee diligently pursues correction of the unperformed covenant, <br />361 <br />condition or obligation, Licensee shall be entitled to 30 days after Licensor’s written notice to <br />362 <br />complete the work which is required to perform the alleged unperformed obligation; (b) if <br />363 <br />Licensee’s Default poses an imminent hazard or threat to human health or the environment, the <br />364 <br />University is required to give Licensee written notice before the University shall have the right to <br />365 <br />do any of the following: (i) seek specific performance of the unperformed obligation; (ii) seek an <br />366 <br />8 <br /> <br />