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'. TEMPORARY EASEMENT NO.2 08-41-01 97-11 FOR VALUABLE CONSIDERA nON, the City of Roseville, a municipal corporation organized and existing under the constitution and laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to Opus Northwest, L.L.c., a Delaware limited liability company. Grantee, during the "Term" as hereinafter defined, a temporary easement for the purpose of removing trees, bushes and other plant life, demolishing existing improvements, grading, utility work, building construction, slopes, re-grade and filling over, under and across the real property in Ramsey County, Minnesota legally described on Exhibit A attached hereto and made a part hereof The "Term" of this Temporary Easement shall commence (a) as to removal of trees, bushes and other plant life as of the date hereof provided such removal does not interfere with the rights of Grantor's tenants and (b) as to the remainder of the purposes specified herein upon termination, on a parcel by parcel basis, of any lease by Grantor as landlord of a specific parcel of the above described property, and shall terminate as to all parcels and for all purposes on January 2, 2001. Grantee agrees to indemnify and defend Grantor from and against all liabilities (including, but not limited to, judgments, penalties, costs or expenses, including reasonable attorney's fees) or out of pocket costs (including reasonable attorney's fees) which Grantor incurs as a result of demands or claims resulting from or relating to: (a) any bodily injury to or death of persons or loss or damage to property occurring as a result of Grantee's exercise of Grantee's rights under this Temporary Easement; (b) any liens asserted against the above described property as a result of Grantee's exercise of Grantee's rights under this Temporary Easement; and (c) the release of one or more Hazardous Substances (as that term is defined in a Development Agreement between Grantor and Grantee) in, on or under the above described property which release first existed, arose or occurred during the period of Grantee's use of the easement rights granted herein or which release Grantee exacerbates through the use of the easement rights granted herein to the extent of the exacerbation; provided however, such indemnification obligation shall not arise until (i) the governmental, judicial or regulatory body or agency having authority over the release issues written confirmation approving the action taken by Grantor in response to the release and (ii) Grantor furnishes written evidence identifying the costs Grantor incurs in responding to the release. Grantee is only obligated to indemnify Grantor for response costs that are reasonable in light of the nature and scope of the release and Grantor's objective of developing the Property in a reasonably prompt and efficient manner. 180292.03