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<br />374126 SJR MU210-5
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<br />or compensation, whether or not involving any injury or threatened injury to human health, the
<br />environment or natural resources, resulting or allegedly resulting from any activity or event
<br />described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements
<br />relating in any way to Hazardous Substances, in, upon, under, over, or from the Site, (viii) the Site is
<br />not listed in the United States Environmental Protection Agency’s National Priorities List of
<br />Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal,
<br />state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or
<br />threat of a lien in favor of any governmental entity or agency as a result of any release or threatened
<br />release of any Hazardous Substance.
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<br /> (b) The Lessee shall not store, locate, generate, produce, process, treat, transport,
<br />incorporate, discharge, emit, release, deposit, or dispose of any Hazardous Substance in, upon,
<br />under, over or from the Site in violation of any Environmental Regulation, shall not permit any
<br />Hazardous Substance to be stored, located, generated, produced, processed, treated, transported,
<br />incorporated, discharged, emitted, released, deposited, disposed of, or to escape therein, thereupon,
<br />thereunder, thereover, or therefrom in violation of any Environmental Regulation, shall cause all
<br />Hazardous Substances to be properly removed therefrom and properly disposed of in accordance
<br />with all applicable Environmental Regulations, and shall not install or permit to be installed any
<br />underground storage tank thereon or thereunder in violation of any Environmental Regulations
<br />which are applicable to the Site.
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<br /> In the event any Hazardous Substance is found upon, under, over or from the Site in
<br />violation of any Environmental Regulation and caused by Lessee, or if any lien or claim for lien in
<br />favor of any governmental entity or agency is threatened as a result of any release of any Hazardous
<br />Substance by Lessee, the Lessee shall, within ten days of such finding, deliver written notice thereof
<br />to the City and shall promptly remove such Hazardous Substances caused or released by Lessee
<br />upon, under, over, or from the Site and prevent the imposition of any liens against the Site for the
<br />cleanup of any such Hazardous Materials. Such removal shall be conducted and completed in
<br />compliance with all applicable federal, state and local laws, regulations, rules ordinances and
<br />policies, in accordance with the orders and directives of all federal, state and local governmental
<br />authorities. In the event the Lessee has not removed such Hazardous Substances caused or released
<br />on the Site by Lessee within a time period deemed reasonable by the City, the City may, at its
<br />discretion, take such remedial action as the City deems appropriate.
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<br /> Each party hereto further agrees, to the extent permitted by Minnesota law, to reimburse the
<br />other party for any and all claims, demands, judgments, penalties, liabilities, costs, damages and
<br />expenses, including court costs and attorneys fees directly or indirectly incurred by the reimbursing
<br />party’s act or failure to act in any action resulting from any breach of the foregoing covenants. The
<br />foregoing representations, warranties, and covenants of this Section shall be deemed continuing
<br />covenants, representations, and warranties for the benefit of the parties hereto, including but not
<br />limited to any purchaser at a foreclosure sale, any transferee of the title of the City or the Lessee or
<br />any other purchaser at a foreclosure sale, and any subsequent owner of the Site, and shall survive
<br />the satisfaction or release of this Lease, any foreclosure of a mortgage lien, and any acquisition of
<br />title to the Site or any part thereof by the Lessee or any other party, by deed in lieu of foreclosure or
<br />otherwise. Any amounts covered by the foregoing shall bear interest from the date incurred at the
<br />maximum rate permitted by law and shall be payable on demand.
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