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<br />any dangerous, toxic or hazardous pollutants, chemicals, waste, polychlorinated biphenyls,
<br />asbestos, formaldehyde, petroleum, including crude oil or any fraction thereof, natural gas,
<br />natural gas liquids, liquefied natural gas, synthetic gas usable for fuel or mixtures thereof or
<br />substances as defined in the Comprehensive Environmental Response Compensation and
<br />Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq., or the Resource Conservation and
<br />Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., or the Hazardous Materials
<br />Transportation Act, as amended, 49 U.S.C. 1801, et seq., or the Minnesota Environmental
<br />Response and Liability Act, as amended, Minn. Stat. Ch. 115B, or any other federal, state or
<br />local environmental laws, statutes, regulations, requirements or ordinances.
<br />9. Compliance with Laws. Licensee shall not commit or permit any act to be
<br />performed on the License Area or omission to occur with will be in violation of any statute,
<br />regulation or ordinance of any governmental body or which will be in violation of any insurance
<br />policy carried on the License Area by Licensor.
<br />10. Insurance. Licensee shall, at Licensee’s sole cost and expense, maintain
<br />commercial general liability insurance against claims for personal injury, death or property
<br />damage occurring upon, in or about the License Area, such insurance to afford protection to the
<br />limit of not less than $1,000,000.00 in respect to injury or death to a single person, and to the
<br />limit of not less than $3,000,000.00 in respect to any one accident, and to the limit of not less
<br />than $500,000.00 in respect to any property damage, and shall name Licensor as an additional
<br />insured.
<br />All policies of insurance shall be written in companies that are qualified to do business in
<br />the State of Minnesota with a minimum AM Best Rating of at least A-. Licensee shall procure
<br />and deliver to Licensor certification from the respective insurance companies indicating that the
<br />insurance to be maintained by Licensee is in force. Such certificates shall require the insurance
<br />companies to give thirty (30) days’ advance notice to Licensor of any cancellation or
<br />modification of coverage.
<br />Licensee agrees that such policy or policies shall contain a waiver of subrogation clause
<br />as to Licensor. Licensee waives, releases and discharges Licensor from all claims or demands
<br />whatsoever which Licensee may have or acquire in the future arising out of damage to or
<br />destruction of the License Area.
<br />11. Assignability. This Agreement, and the License herein granted, may not be
<br />assigned or transferred to any third party by Licensee without the prior written approval of
<br />Licensor and shall automatically terminate if any effort is made to assign it without written
<br />approval.
<br />12. Termination. Licensor may terminate the License granted by this Agreement for
<br />any reason, in its sole discretion, upon 30 days’ written notice from Licensor to Licensee. In
<br />addition, Licensor may terminate the License granted by this Agreement immediately upon
<br />notice to Licensee if Licensor determines, in its sole discretion, that it is necessary to do so.
<br />Licensee may terminate this Agreement at any time, upon written notice to Licensor. Licensee
<br />shall remove all of Licensee’s property from the License Area and return the License Area to its
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