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construction traffic for the Project shall not be permitted to use the residential streets south of the
<br /> Project area, including but not limited to Greenfield Avenue and Edgewood Drive. The EDA may
<br /> designate a different Limited Use Area on the Property at its sole discretion after providing 14 days'
<br /> written notice to Coventry.
<br /> 3. Consideration. Coventry agrees to pay the EDA$300 per month for the grant of the
<br /> limited use.
<br /> 4. Scope. The EDA reserves the right to the use the Property,including the Limited Use
<br /> Area during the term of this Agreement for its own purposes.
<br /> 5. Maintenance and Repair. Coventry shall repair and maintain,in a proper,substantial
<br /> and workerlike manner,the Limited Use Area during the term of this Agreement. Coventry shall be
<br /> responsible for the costs of removal of any refuse or waste materials from the Limited Use Area,and
<br /> shall be responsible for sweeping Greenfield Avenue and County Road H2, upon notice. Coventry
<br /> shall not use the Limited Use Area for the storage, handling, transportation, or disposal of any
<br /> hazardous substance, hazardous waste, pollutant, or contaminant as those terms are defined in 42
<br /> U.S.C. Section 9601, et. seq. ("CERCLA")or Minnesota Statutes Chapter 115B("MERLA"). In the
<br /> event that Coventry fails to repair or maintain the Limited Use Area during the term of this Agreement,
<br /> such limited use grant may be revoked by the EDA. Upon termination of this Agreement, Coventry
<br /> shall return the Limited Use Area to its original condition. Coventry agrees to provide the EDA with a
<br /> $5,000 performance bond or letter of credit to be used in the event Coventry fails to correct or restore
<br /> the site to previous conditions upon conclusion of the term of the Agreement.
<br /> 6. Hold Harmless; Indemnification. Any and all claims that arise or may arise against
<br /> Coventry, its officers, employees, agents, or contractors while engaged in its use of the Limited Use
<br /> Area shall in no way be the obligation of the EDA. Furthermore, Coventry shall indemnify, hold
<br /> harmless, and defend the EDA, its officials,employees,contractors,and agents from and against any
<br /> and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including reasonable
<br /> attorneys' fees which Coventry,its officers,employees,agents,or contractors may hereinafter sustain,
<br /> incur,or be required to pay,arising out of by reason of any act or failure to act by Coventry,its officers,
<br /> employees, agents, or contractors or arising out of or by reason of this Agreement. Nothing in this
<br /> Agreement shall be construed as a waiver by the EDA of any immunities,defenses,or other limitations
<br /> on liability to which the EDA is entitled by law,including but not limited to the maximum monetary
<br /> limits on liability established by Minnesota Statutes Chapter 466 or otherwise.
<br /> 7. Insurance. During the term of this Agreement, Coventry shall procure and keep in
<br /> force"occurrence"based commercial general liability insurance,providing coverage for bodily injury,
<br /> personal property damage, personal injury, and contractual liability, on terms and with companies
<br /> acceptable to the EDA. Such policy or policies shall have combined policy limits in amounts not less
<br /> than$1,500,000. All insurance policies must name the EDA as an additional insured and be effective
<br /> upon possession of the Limited Use Area by Coventry and provide for sixty (60) days' notice to the
<br /> EDA in the event of cancellation or modification of the policy and 10 days' notice for nonrenewal.
<br /> 8. Term and Termination. The term of this Agreement commences on the effective date
<br /> of this Agreement and will be valid until December 31, 2014. The Agreement will continue from
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