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proceedings in obtaining possession of the Property after the termination of this <br />Agreement; (g) any litigation commenced by or against Occupant to which the City is <br />made a party without any fault on the part of the City; (h) any response costs, other <br />damages and expenses which may be imposed upon, incurred by or asserted against EDA <br />by reason of the use, release, threatened release or disposal of Hazardous Wastes at the <br />Property during the term of the Agreement; and (i) any failure on the part of the Occupant <br />to perform or comply with any covenant or agreement required to be performed or <br />complied with by Occupant hereunder. Notwithstanding anything to the contrary herein, <br />Occupant does not agree to and shall not be responsible for defending or indemnifying <br />the City for claims arising in whole or in part from the negligent, willful, malicious or <br />irresponsible conduct of the City, its officers, employees, contractors, consultants, agents <br />and representatives. <br />16. Survival of Obligations. Occupant's obligations under this Agreement shall <br />survive the expiration or termination of this Agreement. <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and <br />year first written above. <br />STATE OF <br />COUNTY OF <br />3100 Country Drive, LLC <br />i <br />By: �2_ <br />Printed N me: 3-44,2•14, <br />Title: C4,;(A4,,, <br />) ss. <br />The foregoing instrument was acknowledged before me this day of <br />2015, by ,',:+,,,_ �_L � <br />.( , on behalf of 3100 <br />Country Drive, LLC. <br />Notary Public <br />4 <br />,ROBERTA C. RAMSELL <br />Notary Public <br />Minnesota <br />4''±ti ' My Commission Expires January 31, 2020 <br />