11-09-2015 Council Packet - Laserfiche WebLink

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8. Alteration of the Property. Occupant may not make any material alteration to the Property without the Country Drive's written consent. 9. ]carnage to the Property. If the Property is damaged or destroyed, Country Drive may terminate this Occupancy Agreement immediately. 10. Utilities. Occupant shall continue all utility services in Occupant's name and skull pay all bills for utility service provided during the period of Occupant's possession of the Property, as and when they become due. 11. Insurance. Occupant shall, at Occupant's expense, procure and maintain for the duration of this Agreement (i) personal property insurance and (ii) general commercial liability insurance in the minimum amount of $750,000 listing Country Drive as an additional insured party and indemnifying Country Drive from any claim relating to Occupant's use and possession of the Property. Such insurance shall be provided by a reputable insurance company licensed to issue policies in the State of Minnesota, 12. Property Taxes. Country Drive shall be responsible for property taxes. B. Assignment, Prohibited. Occupant may not assign this Agreement or permit any other person or entity to use the Property without the prior written consent of the Country Drive, 14. Surrender of Property. If Occupant vacates the property, Occupant shall leave the property in generally the same condition and as it was when this Agreement started, with the exception of reasonable wear and tear. All of Occupant's refuse, materials, and debris must be removed at Occupant's cost. 15. Indemnification. Occupant shall indemnify and hold harmless Country Drive against all liabilities, damages, claims, fines, penalties, costs and other expenses that may be imposed upon, incurred by or asserted against Country Drive by reason of any and all of the following; (a) any use or condition of the Property or any part thereof, (b) any personal injury or property damage occurring on the Property; (c) any negligence on the part of Occupant, its agents, contractors,. licensees or invitees; (d) any failure to comply with any requirement of any govermnental authority; (e) any prosecution or defense of any suit or other proceeding in discharging the Property from any liens, judgments or encumbrances created by Occupant or related to Occupant's use or possession of the Property; (f) any proceedings in obtaining possession of the Property atter the termination of this Agreement; (g) any litigation commenced by or against Occupant to which Country Drive is made a party; (h) any response costs, other damages and expenses which may be imposed upon, incurred by or asserted against EDA by reason of the use, release, threatened release or disposal of Hazardous Wastes at the Property during the term of the Agreement; and (i) any failure on the part of the Occupant to perform or comply with any covenant or agreement required to be performed or complied with by Occupant hereunder. Notwithstanding anything to the contrary herein, Occupant does not agree to and shall not be responsible for defending or indemnifying Country Drive for