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Attachment 2 are not removed from the Data Center by the effective termination date, the City shall have the right to dispose of and sell and transfer any remaining equipment or personal property left in the Data Center by the Licensee. The Licensee shall be responsible for any removal and disposal costs. 6. Condition of the Data Center. At the end of the term of this Agreement, the Licensee shall return its rack space in the Data Center in generally the same condition as it existed when it received possession of it, ordinary and reasonable wear and tear excepted. The City shall be responsible for air conditioning and heating the Data Center so that it remains a consistent temperature that is safe for electronic equipment. The parties shall enter into a separate memorandum of understanding regarding particular specifications for the Data Center that may change over time such as the temperature range and humidity level of the Data Center along with any physical access controls that are required by the Bureau of Criminal of Apprehension. 7. Insurance. The Licensee at its expense, during the term of this Agreement, shall keep in full force and effect a policy or policies of “occurrence” based general liability insurance, providing coverage for personal property damage, personal injury, and contractual liability. The Licensee shall provide the City with a certificate of liability insurance, effective at the commencement of its use of the Data Center, with a minimum coverage of $1,500,000. The sufficiency of the certificate of liability insurance is subject to the review and approval of the City. The Licensee shall also be responsible for insuring any of its equipment and personal property that it stores in the Data Center as the City is not responsible for any loss or damage to Licensee’s equipment or personal property. 8. Indemnification. The Licensee shall indemnify, defend, and hold harmless the City, its officials, agents, contractors, and employees, for any damages of any nature caused to persons or property by the use of the Licensee’s access to the City Hall Property and use of the Data Center, including the negligence of the Licensee, or its agents, contractors, agents, and employees. 9. Default. It is agreed that if the Licensee should be in default in performing any of the terms or provisions of this Agreement, and such default continues for a period of 30days after written notice of the same is given to the Licensee by the City, then the City may, at its option, terminate this Agreement and take possession of the Licensee’s space in the Data Center and no longer allow Licensee access to the City Hall Property or the Data Center. 10. Notices. All notices given by any party to the other party hereunder shall be in writing, and sent to the parties at the following addresses: City:City of Roseville Attn: City Manager 2660 Civic Center Dr Roseville, MN 55113 - 2 - ME475\\1\\963650.v2 Qbhf!23:!pg!277