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113 <br /> to the following conditions: <br /> (a) Buyer shall give Seller reasonable advance notice of the date and time of <br /> each entry and the nature of the activities to be conducted on the Site at <br /> each such dateand time. <br /> (b) Seller may elect to be present during the conduct of such activities and to <br /> monitor same. Such monitoring shall not relieve Buyer of any liability under <br /> this paragraph 16. <br /> (c) Prior to entering the Site, Buyer shall secure the permission of any tenant <br /> then in possession of same. <br /> (d) Upon the completion of its activities on the Site, Buyer shall remove any <br /> debris resulting from such activities and shall restore the Site to the condition <br /> it was in prior to the commencement of such activities. <br /> (e) Buyer shall indemnify, hold harmless and defend the Indemnitees (as <br /> defined below)'from and against all Claims arising out of, resulting from or <br /> relating to any loss of(or damage to) any property or business or any injury <br /> to (or death of) any person, where such loss, damage, injury, or death <br /> actually or allegedly arises (whether directly or indirectly, wholly or in part) <br /> from: (a) any action. or omission of Buyer (or its employees, agents, or <br /> contractors) while on the Site pursuant to this paragraph 16; or (b) the <br /> exercise by Buyer (or its employees, agents, or contractors) of the <br /> permission granted by this paragraph 16;or(c)the release of any Hazardous <br /> Substance(as defined in paragraph 29)resulting (directly or indirectly,wholly <br /> or in part)from any action or omission of Buyer(or its employees, agents, or <br /> contractors) while on the Site pursuant to this paragraph 16. Indemnitees <br /> means Seller, its subsidiaries, affiliated companies and parent companies, <br /> and their directors, officers, employees and agents, including without <br /> limitation Soo Line Corporation, Tri-State Land Company, Tri-State <br /> Management Company, The Milwaukee Motor Transportation Company, <br /> Hiawatha Transfer Company, and Canadian Pacific Railway.Company. <br /> (f) Buyer (and its employees, agents, and contractors) shall comply with all <br /> applicable laws while on the Site. <br /> (g) Buyer will not commence any environmental testing until its work plan for <br /> such testing has been approved in writing by Seller, which approval shall not <br /> be unreasonably withheld, conditioned or delayed. Buyer will provide Seller <br /> • FORM 900.1/97.STD.00180-01.otp <br /> OFFER TO PURCHASE RAMSEY COUNTY.MN -4- <br />