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Agreement, and Developer agrees to indemnify, defend and hold harmless the EDA Parties from <br />and against the same. <br />5. Insurance. Developer must provide the EDA with a certificate of insurance <br />evidencing that Developer has obtained and is maintaining occurrence -based comprehensive <br />general liability insurance (including contractual liability insurance) insuring against claims for <br />death, bodily injury and property damage in coverage amounts not less than $2,000,000 per <br />occurrence and $3,000,000 in aggregate pursuant to a policy or policies that name the EDA as an <br />additional insured party. <br />6. Restoration. The Developer agrees that the upon completion of the Parcel 2 <br />Parking Improvements, the unimproved portion of Parcel 2 shall be finished to a grade consistent <br />with the balance of Parcel 2 and shall be seeded or otherwise surfaced as authorized by the EDA. <br />7. Governing Law. The parties agree that the interpretation and construction of this <br />Agreement shall be governed by the laws of the State of Minnesota. <br />8. Counterparts. This Agreement may be executed in two or more counterparts, <br />each of which shall be deemed an original but all of which together shall constitute one and the <br />same instrument. <br />9. Termination. This Agreement terminates with respect to Parcel 1 upon the <br />EDA's conveyance of Parcel 1 to Developer. This Agreement terminates with respect to Parcel 2 <br />upon the completion of the Parcel 2 Parking Improvements and Developer's completion of the <br />restoration activities described in Section 6. The provisions of Section 3 shall survive <br />termination of this Agreement with respect to claims, liabilities, costs or expenses arising out of <br />or relating or circumstances occurring prior to the termination of this Agreement. <br />[The remainder of this page has been left blank intentionally. <br />Signature pages follow.] <br />6 <br />