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7. It is understood and hereby agreed by and between the parties hereto that any plans or data <br />supplied by the Board or its engineer in respect of but not necessarily limited to work of the <br />Board or of others located within or adjacent to said Premises are approximations only and <br />that the Board explicitly does not guarantee any said plans or data to be either complete or <br />correct. <br />8. Within sixty (60) days of expiration or termination of this Agreement, Permittee shall restore <br />the Premises to a condition equal to or exceeding the existing condition prior to construction <br />of permitted improvements and activities. <br />9. The use of explosives of any kind or for any purpose whatsoever within and adjacent to the <br />Premises, including ammunition in hand-held impact -driven type tools, is expressly <br />prohibited. <br />10. Permittee shall operate no heavy earth moving equipment or other heavy equipment over the <br />Premises. <br />11. Permittee shall neither make any excavation: nor alter any works or improvements therein <br />other than as expressly provided for in this Agreement, except with and according to SPRWS <br />General Manager's written consent thereto. <br />12. Pennittee shall not allow hazardous substances within the Premises for any reason and shall <br />be responsible for any environmental, ecological, or other damage caused by the presence of <br />any hazardous substance introduced to the Premises during any permitted activities. <br />13. The Board reserves to itself the right to install additional works within the Premises and to <br />continue maintenance of existing works located therein. <br />14. Permittee shall not damage or obstruct or cause any interference or otherwise damage said <br />Premises or any improvement or works of the Board or others located therewithin, thereupon <br />or thereunder and Permittee shall pay for or otherwise make good to the satisfaction of the <br />Board any damage caused to said. Premises or to any improvement or works of the Board by <br />Permittee and that any repair or replacement of works of the Board which might be damaged, <br />destroyed or rendered unsuitable to the purpose thereof by any reason arising out of acts of <br />Permittee shall be accomplished by the Board with its own forces or by its contractor, as the <br />Board may elect, and by use of materials furnished by the Board or its contractor as <br />hereinafter provided, all at the cost and expense of Permittee. <br />15. Permittee shall forever indemnify and save harmless, protect and defend the City of Saint <br />Paul and the Board, their employees and agents from any or all liability, suits or demands, <br />including the legal defense costs thereof, for bodily injuries (including death) or property <br />damages, including loss of use, arising out of the activity pennitted by this Agreement. This <br />provision shall not, however, apply to the extent that such bodily injury or property damage <br />is caused by the negligence of the City of Saint Paul or the Board, its agents or employees. <br />This provision shall further be subject to the following: any liability of the City of Saint Paul <br />or the Board shall be governed by Minnesota Statutes, Chapter 466 and shall be subject to <br />Nue 2 <,r; <br />