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<br />such rebuilding or require that insurance amounts recovered with respect to any
<br />loss or damage to the Project be paid directly to the lender.
<br />(i) Remedies; Enforceability. In the event of a violation or attempted violation of any
<br />of the covenants, conditions or restrictions herein contained, the City or the
<br />Authority may institute and prosecute any proceeding at law or in equity to abate,
<br />prevent or enjoin any such violation, or enforce specific performance by Declarant
<br />of the covenants, obligations, conditions and/or restrictions set forth herein, or to
<br />recover monetary damages caused by such violation or attempted violation.
<br />Declarant specifically acknowledges that the City and the Authority cannot be
<br />adequately compensated by monetary damages in the event of any default
<br />hereunder. Unless terminated as provided herein, the provisions hereof are
<br />imposed upon and made applicable to the Project, and shall be enforceable against
<br />Declarant, each purchaser, grantee, owner or tenant of the Project and the
<br />respective heirs, legal representatives, successors and assigns of each. No delay in
<br />enforcing the provisions of said covenants, conditions and restrictions as to any
<br />breach or violation shall impair, damage or waive the right to enforce the same or
<br />to obtain relief against or recover for the continuation or repetition of such breach
<br />or violation or any similar breach or violation thereof at any later time or times. In
<br />addition to any remedy set forth herein for failure to comply with the restrictions
<br />set forth in this Declaration, the City or the Authority may exercise any remedy
<br />available to it under the Redevelopment Agreement.
<br />5. Indemnification. Declarant hereby indemnifies, and agrees to defend and hold harmless,
<br />the Authority, the City, and their respective officers, officials, employees, and agents, from and against all
<br />liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of
<br />action, suits, allegations, claims, demands, and judgments of any nature arising from the consequences of
<br />a legal or administrative proceeding or action brought against them, or any of them, on account of any
<br />failure by Declarant to comply with the terms of this Declaration, or on account of any representation or
<br />warranty of Declarant contained herein being untrue.
<br />6. Covenants Running With the Land. Declarant intends, declares and covenants, on behalf
<br />of itself and all future owners and operators of the Property and the Project during the Term, that this
<br />Declaration and the covenants and restrictions set forth in this Declaration regulating and restricting the
<br />use, occupancy and transfer of the Property and the Project (a) shall be and are covenants running with the
<br />Property and the Project, encumbering the Property and the Project for the Term, binding upon Declarant’s
<br />successors in title and all subsequent owners and operators of the Property and the Project; (b) are not
<br />merely personal covenants of Declarant; and (c) shall bind Declarant (and the benefits shall inure to the
<br />Authority and the City) and its respective successors and assigns during the Term. Declarant hereby agrees
<br />that any and all requirements of the laws of the State of Minnesota to be satisfied in order for the provisions
<br />of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to
<br />be satisfied in full and that any requirements of privileges of estate are intended to be satisfied, or in the
<br />alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For
<br />the Term, each and every contract, deed or other instrument hereafter executed conveying the Property and
<br />the Project or portion thereof shall expressly provide that such conveyance is subject to this Declaration;
<br />provided, however, that the covenants contained herein shall survive and be effective regardless of whether
<br />such contract, deed or other instrument hereafter executed conveying the Property and the Project or portion
<br />thereof provides that such conveyance is subject to this Declaration.
<br />7. Notices. Any notice, approval, consent, payment, demand, communication, authorization,
<br />delegation, recommendation, agreement, offer, report, statement, certification or disclosure required or
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