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o <br /> <br />Insurance. During the term of this Agreement, City shall keep in full force and <br />effect at its expense a policy or policies of public liability insurance with respect <br />to the Property, naming Tiller as an additional insured with liability coverage of <br />not less than $ single limit coverage. Said coverage shall be <br />primary coverage. All insurance policies required herein shall be placed with an <br />insurance company authorized to do business in the State of Minnesota. Such <br />policies shall provide that they cannot terminate, be canceled or be amended <br />except after ten (10) days written notice to Tiller. <br /> <br />Improvements. City, or City's Designees, may, at their expense and at no <br />expense to Tiller, make improvements on and/or modifications to the Property <br />(including establishment of new trails) if such improvements or modifications are <br />first approved, in writing, by Tiller. City agrees to submit to Tiller for its prior <br />written approval all plans for constructing buildings or other structures upon the <br />Property or making any modifications to the Property. City further agrees to <br />submit to Tiller for its prior written approval any plans for improving or adjusting <br />the utilities to the Property. The City shall be responsible for all expenses, permit <br />fees or assessments levied in connection with any activity of the City or the City's <br />Designees, including any additional real estate taxes or assessments caused by any <br />improvements made to the Property. Nothing herein shall be construed to require <br />Tiller to, or prohibit Tiller from, constructing, repairing, altering, or modifying the <br />Property or improvements thereto or thereon. <br /> <br />Restoration. Upon the termination of this Agreement, City shall, at its cost and <br />expense, and at no cost or expense to Tiller, restore the Property to substantially <br />its condition as existed upon the commencement of this Agreement. The <br />adequacy and completeness of said restoration shall be determined by Tiller in its <br />sole reasonable discretion. In addition to its restoration obligation described <br />herein, City shall be responsible for the removal of all buildings, structures and <br />foundations located on the Property and the remediation of any environmental <br />issues on the Property caused by or related to the activities of City or City's <br />Designees. <br /> <br />Termination. This Agreement may be terminated by either party at any time for <br />any reason, upon six (6) months prior written notice to the other party. <br /> <br /> Indemnity/Hold Harmless. City agrees to protect, defend, indemnify and save <br /> Tiller harmless from any and all expenses (including attorneys fees and litigation <br /> expenses), liabilities, losses, damages, claims, fines, penalties, suits and costs <br /> directly or indirectly resulting from, rising out of or in any way connected with, <br /> any injury to any person or loss or damage to any property, directly or indirectly <br /> resulting from, arising out of, or in any way connected with the use of the <br /> Property by City or City's Designees, except those claims arising from the sole <br /> negligence of Tiller, its employees, agents or contractors. <br /> Page 2 <br /> Version Date: August 14, 2003 <br />c:\documents and settings~nmcpherson\local settings\temporary internet files\olk2 l\draft agreement.doc <br /> <br /> <br />