Laserfiche WebLink
<br />License Area; and (iii) that its operations on the License Area will not violate any federal, state <br />or local law, regulation, ordinance or requirement governing Hazardous Materials. Hazardous <br />Materials are defined as any dangerous, toxic or hazardous pollutants, chemicals, waste, <br />polychlorinated biphenyls, asbestos, formaldehyde, petroleum, including crude oil or any <br />fraction thereof, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for <br />fuel or mixtures thereof or substances as defined in the Comprehensive Environmental Response <br />Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq., or the Resource <br />Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., or the Hazardous <br />Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq., or the Minnesota <br />Environmental Response and Liability Act, as amended, Minn. Stat. Ch. 115B, or any other <br />federal, state or 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 (or shall cause its tenant(s) to), at no cost or expense to <br />Licensor, maintain commercial general liability insurance against claims for personal injury, <br />death or property damage occurring upon, in or about the License Area, such insurance to afford <br />protection to the limit of not less than $1,000,000.00 in respect to injury or death to a single <br />person, and to the limit of not less than $2,000,000.00 in respect to any one accident, and to the <br />limit of not less than $500,000.00 in respect to any property damage, and shall name Licensor as <br />an additional 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 (or shall <br />cause its tenant(s) to) procure and deliver to Licensor certification from the respective insurance <br />companies indicating that the insurance to be maintained by Licensee is in force. During the <br />term of this Agreement, upon request by Licensor, License shall (or shall cause its tenant(s) to) <br />procure and deliver to Licensor updated certifications from the respective insurance companies <br />indicating that the insurance to be maintained by Licensee is in force. Licensee shall (or shall <br />cause its tenant(s) to) notify Licensor if any of the coverage required by this Section 10 is <br />cancelled or terminated. <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; provided, however, Licensee may assign and/or transfer this Agreement and the <br />License herein granted to its parent, subsidiary, affiliate, mortgage lender or successor-in-interest <br />pursuant to a third party sale. <br />12. Termination. Licensor may terminate the License granted by this Agreement for <br />any reason, in its sole discretion, upon 60 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 required by a legal proceeding or a federal governmental authority. <br />Licensee may terminate the License granted by this Agreement at any time, upon written notice <br /> 3 <br />193313v5 <br /> <br />