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3. No Gift or Dedication Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of the License Area to the general public, or for any public purpose. 4. Maintenance and Repair The parties agree that FAC or Dell -Comm, as may be required by the Lease between FAC and Dell -Comm, shall keep the License Area in a serviceable condition, and in accordance with generally accepted maintenance standards for similar commercial real estate in the Twin Cities Metropolitan Area. In the event FAC or Dell -Comm, or its successors or assigns performs excavations or otherwise disturbs any of the FAC License Area in the course of maintenance, repair, replacement or other activity or usage of the FAC License Area, FAC or Dell -Com, as the case may be, shall promptly restore the damaged, excavated, or disturbed area to substantially the same condition as existed immediately prior to the damage, excavation, or disturbance. 5. Environmental Matters The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the FAC License Area or the FAC Parcel prior to the date of this Agreement. 6. Warranty of Title FAC warrants that it is the owner of the FAC Parcel as described herein and that FAC has the right, title and capacity to convey to the City the license herein. 7. Interference with License None of the parties shall erect or place or permit to be erected or placed any improvement, obstruction, or impediment which would materially interfere with the free and unrestricted access in and to the License Area as granted pursuant to this Agreement. 8. Covenants Running with the Land, Binding Effect Each reference to the City or FAC or Dell -Com shall be deemed to include each of such entities' successors and assigns. The license granted herein and terms and conditions of this Agreement shall be binding on FAC, Dell -Com and their successors and assigns, and the City, its successors and assigns. 9. Notices All notices, demands, consents and requests which may be or are required to be given by either party to the other hereunder shall be either personally delivered (including overnight delivery service) or by facsimile transmission, and addressed as follows: To City: City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Phone: (763) 717 -4000 Fax: (763) 717 -4019 Attn: James Ericson 374122 SJR MU210 -5 2