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5 <br />liquidated damages. <br />E.Upon the expenditure of all funds covered by this Agreement, Grantee is required to <br />submit a report to County describing the completed clean-up work and a financial <br />summary of all sources and uses of funds for the Remediation Activities. Upon the date <br />of issuance of the No Further Action Determination letter issued by the Minnesota <br />Pollution Control Agency, Grantee is required to provide a final report with a detailed <br />accounting of all expenses associated with the clean-up of the Property and addressing <br />the outcomes, including but not limited to the following criteria intended to maximize <br />public investment: a) a detailed list of all new jobs being created including position <br />description and annual wage and benefit package (retained and/or relocated jobs should <br />be listed separately and include the same information); b) a detailed accounting of <br />expenses associated with acquisition, clean-up, construction and marketing of the site; c) <br />a detailed description of Grantee’s efforts made to ensure that buildings constructed or <br />improved at this site are energy efficient and high performance. <br />6.NEGATIVE COVENANTS. <br />Grantee covenants and agrees that for so long as it is indebted to County, it will not, without <br />County’s prior written consent: <br />A.Use the Property or allow its assigns or tenants to use the Property in connection with the <br />generation, disposal, storage, treatment, or transportation of hazardous substances as <br />defined by state and federal law, provided, however, that Grantee, its assigns or tenants <br />may use, store and transport hazardous substances on, over or across the Property as is <br />reasonably necessary to the use of the Property provided such use, storage and <br />transportation complies at all times with all applicable federal, state and local statutes, <br />codes, regulations and ordinances. <br />B.Without the prior written consent of the County, which consent will not be unreasonably <br />withheld, conditioned, or delayed, sell, transfer, assign, convey, mortgage, pledge, grant a <br />security interest in, or otherwise transfer or encumber all or any part of the Property or <br />any interest in the Property at any time that the Property is subject to this Agreement. <br />7. MISCELLANEOUS. <br />A.All representations, warranties, and covenants contained in this Agreement or made in <br />writing by or on behalf of Grantee in connection with the transactions contemplated by <br />this Agreement will survive the execution and delivery of this Agreement, and the <br />exercise of any rights or remedies by County. All statements contained in any certificate <br />or other instrument delivered by or on behalf of Grantee pursuant to such certificate or <br />other instrument, or in connection with the transactions contemplated by this Agreement <br />will constitute representations and warranties by Grantee. <br />B.This Agreement will be binding upon and inure to the benefit of the successors and <br />assigns of the parties to this Agreement, except that Grantee’s rights under this <br />20