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u i 6. NEGATIVE COVENANTS GRANTEE covenants and agrees that for as long as it is indebted to AUTHORITY, it will not: 6.1. Merge or consolidate with or into any other entity. 6.2. Default upon any contract or fail to pay any contract or fail to pay any of its debts or obligations as the same mature, subject to the applicable cure periods set forth in such a contract. 6.3. Generate, dispose of, use, store, treat or transport Hazardous Waste Substances on, in, over or across the PROPERTY or allow GRAN"I�EE's tenants to do so; provided, however, that GRANTEE may treat or remediate Hazardous Substances pursuant to an MPCA approved Development Response Action Plan and GRANTEE and its tenants may use, store and transport Hazardous Substances on, over or across the PROPERTY as is reasonably necessary to the use of the PROPERTY as residential, commercial or office property provided such use, storage and transportation complies at all times with all applicable federal, state and local statutes, codes, regulations and ordinances. 7. MISCELLANEOUS 7.1. The GRANT AGREEMENT shall be prepared by or reviewed by AUTHORITY's legal counsel and all documents must be satisfactory to AUTHORITY in its sole discretion. 7.2. All representations and warranties contained herein or made in writing by or on behalf of GRANTEE in connection with the transactions contemplated hereby shall survive the execution and delivery of this GRANT AGREEMENT and the advances hereunder. All statements contained in any certificate or other instrument delivered by or on behalf of GRANTEE pursuant thereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by GRANTEE. 7.3. This GRANT AGREEMENT shall be binding upon and inure to the benefit of the sliccessors and assigns of the parties. 7.4. No amendment, change, waiver or moditication of this GRANT AGIZEEMENT shall be valid unless it is in a written document which GRANTEE, and the AUTHORITY sign, and AUTHORITY's waiver of any breach or default of any of GRANTEE's obligations, agreements or covenants under the GRANT AGREEMENT shall not be deemed to be a waiver of any subsequent breach of the GRANT AGREEMENT, or any Page -8-