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policy has been renewed or replaced by another policy conforming to the provisions of this Article, unless
<br />such insurance is no longer obtainable.
<br />Section 7.5. Indemnification. As between the Authority and the City, to the extent permitted by the
<br />laws of the State of Minnesota, the City assumes all risks and liabilities, whether or not covered by insurance,
<br />for loss or damage to the Facilities and for injury to or death of any person or damage to any property,
<br />whether such injury or death be with respect to agents or employees of the City, the Authority or of third
<br />parties, and whether such property damage be to the City or the Authority's property or the property of
<br />others, which is proximately caused by the negligent conduct of the City, its officers, employees, agents and
<br />lessees, or arising out of the operation, maintenance or use of the Site and the Facilities by the City, its
<br />officers, employees, agents and lessees. The City hereby assumes responsibility for and agrees to reimburse
<br />the Authority for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses
<br />(including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted
<br />against the Authority or its officers or employees that in any way relate to or arise out of a claim, suit or
<br />proceeding based in whole or in part on the foregoing, to the maximum extent permitted by law.
<br />Section 7.6. Hazardous Substance Indemnification. The City agrees, to the extent permitted by the
<br />laws of the State of Minnesota, to defend, indemnify and hold harmless the Authority, its officers, employees,
<br />agents, successors and assigns (the "Indemnitees") from and against, and shall reimburse the Indemnitees for,
<br />any and all loss, claim, liability, damage, judgment, penalty, injunctive relief, injury to personal property or
<br />natural resources, cost, expense, action or cause of action arising in connection with or as the result of any
<br />past, present or future existence, use, handling, storage, transportation, manufacture, release or disposal of
<br />any Hazardous Substance in, on or under the Site, whether foreseeable or unforeseeable, regardless of the
<br />source, the time of occurrence or the time of discovery (collectively referred to as "Loss"). This
<br />indemnification against Loss includes, without limitation, indemnification against all costs in law or in equity
<br />or removal, response, investigation, or remediation of any kind, and disposal of such Hazardous Substances,
<br />all costs of determining whether the Site is in compliance with, and of causing the Site, to be in compliance
<br />with, all applicable Environmental Laws, all costs associated with claims for damages to persons, property, or
<br />natural resources, and the Indemnitees' reasonable attorneys' and consultants' fees, court costs and expenses
<br />incurred in connection with any of the above. For this purpose "Hazardous Substance" shall be defined as
<br />any substance, the presence of which requires investigation, permitting, control or remediation under any
<br />federal, state or local statute, regulation, ordinance or order, including without limitation: (a) any substance
<br />defined as "hazardous waste" under the Resource Conservation and Recovery Act, as amended (42 U.S.C.
<br />§6901, et seq.); (b) any substance defined as a "hazardous substance" under the Comprehensive
<br />Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. §9601, et seq.); (c) any
<br />substance defined as a "hazardous material" under the Hazardous Materials Transportation Act (49 U.S.C.
<br />§5101, et seq.); (d) any substance defined under any Minnesota statute analogous to (a), (b) or (c), to the
<br />extent that said statute defines any term more expansively; (e) asbestos; (f) urea formaldehyde; (g)
<br />polychlorinated biphenyls; (h) petroleum, or any distillate or fraction thereof; (i) any hazardous or toxic
<br />substance designated pursuant to the laws of the State of Minnesota; and (j) any other chemical, material or
<br />substance, exposure to which is prohibited, limited or regulated by any governmental authority.
<br />Section 7.7. Damage, Destruction and Condemnation. If the Facilities or any portion thereof is
<br />destroyed (in whole or in part) or is damaged by fire or other casualty or title to or the temporary use of the
<br />Facilities or any part thereof or the interest of the City or the Authority in the Site or the Facilities or any part
<br />thereof is taken under the exercise of the power of eminent domain by any governmental body or by any
<br />person, firm or corporation acting under governmental authority, the City shall have the rights with respect to
<br />the Net Proceeds of any insurance or condemnation award specified in this Section, but the City shall be
<br />obligated to continue to pay the Lease Payments and Additional Lease Payments due with respect to the
<br />Facilities. All Net Proceeds shall be applied to the prompt repair, restoration, modification, improvement or
<br />replacement of the Site and the Facilities by the City, or, if the City elects not to repair or rebuild, all Net
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