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1987484.v5 17 <br />EXHIBIT B <br />The Owner of the Stinson Property shall: <br />a.Prior to commencement of installation, construction or replacement of its drainage facilities, <br />provide Doran III with a copy of its plans relating to such drainage facilities that will be located <br />on the Doran Property for Doran III’s approval, which approval shall not be unreasonably <br />withheld; <br />b.Install, construct or replace such drainage facilities in strict accordance with the plans approved <br />by Doran III; <br />c.Perform any construction, installation, operation, maintenance, replacement or relocation of its <br />drainage facilities in a safe manner consistent with applicable federal, state, and municipal laws, <br />orders, rules, codes and regulations and in a manner so as to minimize interference with the <br />operation of the adjacent residential and commercial buildings; <br />d.Prior to the commencement of any construction, installation, operation, maintenance, replacement <br />or relocation, obtain all necessary federal, state and municipal permits, licenses and approvals; <br />e.Keep its drainage facilities in good order, repair and condition for the entire duration of the <br />easement and adequately repair all damage to the Doran Property caused by the Owner of the <br />Stinson Property, to the condition prior to such damage (other than ordinary wear and tear; <br />f.Prior to the commencement of any construction, installation, operation, maintenance, replacement <br />or relocation, procure and maintain the insurance policies stated below in amounts not less than the <br />amounts set forth below: <br />i.Commercial General Liability Insurance covering the Doran Property with a combined single <br />limit of liability of not less than Three Million Dollars ($3,000,000.00) for bodily injury to or <br />personal injury or death of any person, and for property damage arising out of any one <br />occurrence or in the aggregate; provided, however, that from time to time, these coverage limits <br />may be raised or lowered in accordance with industry standard recommendations for <br />comparable policies. Doran III shall be a named additional insured under such policy on a <br />primary/non-contributory basis with respect to losses for which the Owner of the Stinson <br />Property is responsible hereunder. Such insurance shall be procured from companies licensed <br />in Minnesota and shall be rated by Best’s Insurance Reports not less than A-X. All insurance <br />may be provided under (i) an individual policy covering this location, (ii) a blanket policy or <br />policies which includes other liabilities, properties and locations of such Party; provided, <br />however, that if such blanket commercial general liability insurance policy or policies contain <br />a general policy aggregate of less than $7,000,000, then such insuring party shall also maintain <br />excess liability coverage necessary to establish a total liability insurance limit of $7,000,000, <br />or (iii) a combination of any of the foregoing insurance programs. The Owner of the Stinson <br />Property shall furnish to Doran III prior to entering the Doran Property all certificate(s) of <br />insurance evidencing that the insurance required to be carried by such the Owner of the Stinson <br />Property is in full force and effect. <br />ii.Notwithstanding anything to the contrary set forth in this Agreement, Doran III and the Owner <br />of the Stinson Property both hereby waive any and all claims against the others for Losses to <br />53