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3 <br />LA515\1\936732.v3 <br /> <br />f. Cooperate with the City staff person that is assigned to oversee the City Property. <br /> <br />g. Pay for and provide any security measures necessary to secure its personal property <br />in the Use Area. <br /> <br />h. Provide access to the Use Area by the City staff, including allowing City staff, <br />residents, and developers to meet with Focus representatives on the City Property <br />in order to conduct City business. <br /> <br />i. Be responsible for any personal property losses due to theft or vandalism occurring <br />in the Use Area. <br /> <br />j. Not allow any smoking, cannabis, tobacco, or alcohol use in the Use Area when <br />Focus staff is present, however, Focus will not be responsible for any smoking or <br />cannabis, tobacco, or alcohol use by City staff or members of the public when using <br />the City Property. <br /> <br />k. Upon termination of this Agreement, remove from the City Property all of its <br />personal property. <br /> <br />8. Entry by the City. The City and its authorized representatives may enter the City Property <br />at all times to conduct any activities as may be desirable in the sole discretion of the City. <br />The City may allow the public to use the Common Space from time-to-time. <br /> <br />9. Alterations. Focus shall not make alterations to the Use Area without the City’s advance <br />written consent. “Alterations” means additions, substitutions, installations, improvements, <br />repairs, and similar changes to the physical condition of the Use Area. <br /> <br />10. Entire Agreement. This Agreement is the complete and exclusive statement of the terms <br />agreed upon and shall supersede all prior negotiations, understandings or agreements. Any <br />alterations, variations, modifications or waivers of the Agreement shall only be valid when <br />they are agreed to in writing and signed by authorized representatives of Focus and the City. <br /> <br />11. Applicable Law. Minnesota law shall be used to construe and interpret this Agreement, <br />without giving effect to the principles of conflict of laws. All proceedings related to this <br />Agreement shall be venued in the State of Minnesota. <br /> <br />12. Data Practices Act. All of the data created, collected, received, stored, used, maintained, or <br />disseminated by the City in the performance of this Agreement is subject to the requirements <br />of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. <br /> <br />13. Indemnity. Focus shall defend, indemnify, and hold harmless the City, its officials, agents, <br />contractors, and employees, against all suits, demands, causes of action, liabilities, or claims <br />for injury or damages of whatever nature, including personal injury, death or damage to the <br />Use Area, arising out of or related to Focus’s negligent use of the Use Area and the negligent <br />use of the Use Area by Focus’s officers, employees, agents, participants, guests, and invitees.