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[fj The Commercial Automobile Policy shall include at least statutory personal iniurv protection uninsured
<br />+otorists and underinsured motorist coverages
<br />(¢) Tenant Property Insurance. The Tenant must keep in force Burin the term and any renewals of the Lease a
<br />policy covering damages to its property at [he Leased Premises The amount of covera a shall be sufficient [o replace the
<br />damaged property. loss of use and comply with any ordinance or law requirements
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<br />(h) Additional Insured -Certificate of Insurance The Tenant shall provide prior to tenancy evidence of the
<br />required insurance in the farm of a Cer[ifcate of Insurance issued by a compapv (rated A- or better) by Best Insurance Guide
<br />licensed to do business in the state of Minnesota which includes all covera es required in this Para raph t 1 Tenant will name
<br />Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies Tenant a reel to
<br />use its best efforts to provide ten (lll) days written notice to Landlord if the covera a is canceled, non-renewed, m~ materially
<br />changed.
<br />13. Waiver of Subrogation. Landlord and Tenant release each other and their respective principals, employees, representatives
<br />and agents, from any claims for damage to any person or to the Land or the Premises or to the Tenant Facilities or any other property
<br />[hereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time
<br />of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance company
<br />waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither
<br />Landlord nor Tenant shall be liable to the other for any damage caused by any of the risks insured against under any insurance policy
<br />required by Paragraph 12.
<br />,4. Liability and Indemnity. Landlord and Tenant shall each indemnify, defend and hold [he other harmless from and against
<br />all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses)
<br />(collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the
<br />negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Land. The duties
<br />described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement.
<br />15. Assignment and Subletting. Tenant may assign this Agreement, or sublet or license the Premises or any portion thereof,
<br />which shall be evidenced by written notice thereof to Landlord within a reasonable period of time thereafter. Upon assignment,
<br />Tenant shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee
<br />assumes all of Tenant's obligations herein, ugd-tIr^•~~r.o ^°'~.~tfrg=Daunt ~'^r~'*° ••^der-tgis-p^-;~^~,.F Landlord may assign
<br />this Agreement, which assignment may be evidenced by written notice to Tenant within a reasonable period of time thereafCer,
<br />provided that the assignee assumes all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9
<br />("Waiver of Landlord's Lien") above. This Agreement shall run with the Land and shall be binding upon and inure to the benefit of
<br />the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary
<br />contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its
<br />interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for
<br />borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments,
<br />or (iii) has obligations under or with respect [o letters of credit, bankers acceptances and similar facilities or in respect of guaranties
<br />thereof.
<br />16. Warranty of Title and OuieY Eniovment. Landlord warrants that: (i) Landlord owns the Land in fee simple, has rights of
<br />access thereto from the nearest public roadway, which Tenant is legally permitted to use, and the Land and access rights are free and
<br />clear of all liens, encumbrances and restrictions except those of record as of [he Effective Date; and (ii) Landlord covenants and agrees
<br />with Tenant that Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default
<br />hereunder after notice and expiration of all cure periods.
<br />7. Repairs. Tenant shall repair any damage to the Premises or Land caused by the a Tenant.
<br />Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Tenant shall repair the Premises to substantially the
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