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4. Insurance. The Owner of the LLAL Parcel, and each future Owner of the Future
<br />Adjacent Parcel, shall maintain at all times their own commercial general liability insurance
<br />against claims for personal injury or death and property damage on the their respective Parcel in
<br />amounts deemed prudent and reasonable according to industry standards. Each Owner shall also
<br />maintain or cause to be maintained on behalf of itself and any mortgagees, commercial general
<br />liability insurance with combined single limit coverage for bodily injury, personal injury and
<br />property damage of not less than $2,000,000, and which shall include contractual liability and
<br />indemnity coverage, with respect to the Access Driveway Easement Area. This Section does
<br />not apply to the EDA prior to conveyance of the Future Adjacent Parcel to a third party.
<br />5. Indemnification; Waiver of Subrogation. It is expressly understood and agreed
<br />that the Parties do not assume any liability for the negligent acts or willful misconduct of any
<br />other Party or such Party's agents, servants, successors and assigns as it relates to this Agreement
<br />and the operation, repair, replacement and/or maintenance of the Access Driveway Easement
<br />Area. Each Party shall indemnify, protect, defend and hold harmless the other Parties, their
<br />agents, employees, customers, invitees and related persons and entities from and against any and
<br />all losses, damages, liabilities, suits, obligations, judgments, injuries, claims, demands, costs and
<br />expenses, including without limitation legal and consultant expenses of any kind whatsoever, due
<br />to loss of life or injury to persons or property, which may arise out of or relate to the
<br />indemnifying Party's use of the Access Driveway Easement Area or any third party claiming
<br />through or under such indemnifying party's use of the Access Driveway Easement Area, except
<br />only to the extent any such losses, damages, liabilities, suits, obligations, judgments, injuries,
<br />claims, demands, costs and expenses arise out of or relate to the negligence or willful misconduct
<br />of the indemnifying Party or anyone claiming through or under such Party. The indemnities and
<br />assumptions of liabilities provided in this Section 5 shall continue in full force and effect
<br />notwithstanding the termination of this Agreement or the easement granted herein, whether by
<br />expiration of time, by operation of law, or otherwise. Notwithstanding anything to the contrary
<br />contained herein, the Parties hereby release one another and their respective officers, directors,
<br />agents, and employees from any and all liability (to the other or anyone claiming through or
<br />under them by way of subrogation or otherwise) for any loss or damage covered by property or
<br />liability insurance, even if such loss or damage was caused by the fault or negligence of such
<br />Party, or anyone for whom such Party may be responsible.
<br />6. Notice. Any notice required or permitted to be given by any Party upon another
<br />Party is given in accordance with this Agreement if it is directed to the applicable Party and mailed
<br />by United States registered or certified mail, return receipt requested, postage prepaid; or if
<br />deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as
<br />follows:
<br />EDA:
<br />Lino Lakes Economic Development Authority
<br />100 Civic Center Parkway
<br />Lino Lakes, MN 55337
<br />Attention: Community Development Director
<br />LLAL: Lino Lakes Assisted Living, LLC
<br />427348v5 SJB LN140-109
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