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<br />Lessee shall, at its own cost, maintain personal property and contents
<br />insurance, as well as maintain commercial general liability insurance in an
<br />amount sufficient to cover the liability limits of Minn. Stat. § 466.04, as
<br />amended. Lessee shall also maintain automobile liability insurance with a
<br />combined single limit of $1,500,000 for bodily injury and property damage
<br />with coverage for all owned, non-owned and hired vehicles. Lessor shall be
<br />named as an "additional insured" on commercial general liability insurance
<br />maintained by Lessee that relates to the Premises or its use.
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<br />All insurance required to be maintained by Lessee under this Lease shall be
<br />effected under valid and enforceable policies issued by a reputable
<br />insurance company authorized to do business in the State of Minnesota or
<br />issued under a program of self-insurance. Not less than 10 days prior to the
<br />Lease term, Lessee shall deliver to Lessor certificates of all insurance
<br />required to be maintained hereunder. Should Lessee’s policies be cancelled
<br />before the expiration date thereof, notice will be delivered in accordance
<br />with the policy provisions.
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<br />9. INDEMNITY: Lessee agrees to indemnify, defend and hold Lessor harmless
<br />from and against any and all claims, actions, liability, and damages of every
<br />kind and nature, and from and against all costs and expenses, including
<br />reasonable attorney’s fees, to the extent proximately caused by the
<br />negligence or intentional tort of Lessee, its agents, employees, licensees, or
<br />invitees, in or about Station 1. In the event of any action or proceeding
<br />brought against Lessor, by reason of any such claim, upon notice from
<br />Lessor, Lessee covenants to defend such action or proceeding by counsel
<br />satisfactory to Lessor.
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<br />Lessor agrees to indemnify, defend and hold Lessee and its directors,
<br />officers, employees, agents and representatives harmless from and against all
<br />loss, liability, damages and expense (including reasonable attorney's fees)
<br />caused by any act or omission of Lessor, its officers, employees, agents,
<br />invitees and representatives, except to the extent such loss, liability, damage
<br />or expense is covered by insurance maintained by Lessor.
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<br />Lessor and Lessee hereby waive against the other any claims, liabilities or
<br />damages arising from or caused by any hazard covered by the insurance
<br />maintained or required by the waiving party.
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<br />10. NON-LIABILITY OF LESSOR: Except in the event of negligence or an
<br />intentional act by Lessor, its agents, employees, or contractors, Lessor shall not
<br />be liable for any loss or damage resulting from or caused by any failure to
<br />furnish heat, electricity, water, gas, air conditioning or sprinkler system, nor for
<br />any consequential damage arising from interruption of any utility or services.
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