3.0. EDSR 10-17-2005 - Laserfiche WebLink

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• shall share equally (50%) to each) in any and all repairs to, and maintenance of, the Driveway located within the Easement Area, including but not limited to, patching, resurfacing, seal coating and snow plowing; provided that, any such single expense must be expressly agreed upon in advance and in writing by O'Brien and Adjacent Owner. Failure of either party to pay for its share of any expense incurred in connection with the Easement Area within thirty (30) days of notice of said expense shall entitle the party that has paid the full amount of such expense to file a lien against the non-paying party's property in the amount of such non-paying party's share of the expense. The lien may be foreclosed in any court of competent jurisdiction in the same manner that a mechanic's lien is foreclosed. Notwithstanding anything herein to the contrary, Adjacent Owner shall maintain, repair and replace the curbing located on the portion of the Easement Area that is part of the EDA Property and O'Brien shall maintain, repair and replace the curbing located on the portion of the Easement Area that is part of the O'Brien Property. 9. Insurance. O'Brien shall pay for and maintain general public liability insurance in the minimum amount of One Million and no/100 Dollars ($1,000,000.00) covering any injury or death to any persons, or property damage, caused by O'Brien, its employees, agents, contractors and tenants and occurring within the Easement Area. EDA shall pay for and maintain general public liability insurance in the minimum amount of One Million and no/100 Dollars ($1,000,000.00) covering any injury or death to any persons, or property damage, caused by any of EDA, its employees, agents, contractors and tenants and occurring within the Easement Area. Each insurance policy shall name the other party as an additional named insured and shall provide for at least thirty(30) days written notice to the other party prior to cancellation or reduction in coverage. Evidence of such insurance coverage shall be provided by both parties at the time of execution of this Agreement. 10. Indemnification/Hold Harmless. O'Brien shall indemnify, defend and hold harmless EDA from and against any claim, damage, cost and expense (including reasonable attorney's fees) or liability arising out of any injury, death or property damage, or contamination to the soil or ground water of the EDA Property as a result of the release of a hazardous substance, hazardous waste, pollutant or contaminant [as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) or the Minnesota Environmental Response and Liability Act (MERLA)], which is caused by O'Brien during its use of the Easement Area from and after the date of this Agreement. EDA shall indemnify, defend and hold harmless O'Brien from and against any claim, damage, cost and expense (including reasonable attorney's fees) or liability arising out of any injury, death or property damage, or contamination to the soil or ground water of the O'Brien Property as a result of the release of a hazardous substance, hazardous waste, pollutant or contaminant [as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) or the Minnesota Environmental Response and Liability Act (MERLA)], which is caused by EDA during its use of the Easement Area from and after the date of this Agreement. 11. Runs with the Land. The benefits and burdens of this Agreement shall run with the O'Brien Property and the EDA Property, and shall be binding upon the successors and • assigns of O'Brien and EDA. 1821372v2 3