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LICENSE AGREEMENT <br />THIS LICENSE AGREEMENT ("Agreement") is made this day of <br />DC�¢ 2018, by and between Cobom's Incorporated, located at 1921 Coborn <br />Boulevard, St. Cloud, Minnesota ("Licensor") and Elk River Municipal Utilities ("Licensee"). <br />RECITALS <br />Licensor operates a grocery store at 19425 Evans Street NW, Elk River, MN and <br />Licensee has requested Licensor to grant a license to Licensee to use that portion of the <br />Licenser's parking lot designated as the "License Area' on Exhibit attached hereto for the <br />limited purpose of installing an electric vehicle charging station. Licensor has agreed to grant <br />such a license. <br />NOW, THEREFORE, in consideration of the Recitals and the agreements contained <br />herein, Licensor and Licensee agree as follows: <br />1. License. Licensor hereby grants to Licensee, subject to the terms and conditions <br />of this Agreement, an exclusive license (the "License") to use the License Area for the purpose <br />of installing a 480-volt level three DC Fast charging station (the "Equipment"). <br />2. No Interest in License Area. Licensee acknowledges and agrees that this <br />Agreement does not grant Licensee any estate or other interest in the License Area or any part <br />thereof, except the License expressly described herein. <br />3. Limitation of Liability. Licensor does not warrant that the License Area is <br />suitable for the purposes for which it is permitted to be used under this Agreement. Licensor <br />shall not be responsible or liable to Licensee for any loss or damage to Licensee or its property, <br />or anyone claiming by or through Licensee, and Licensee assumes all risk of loss or damage to <br />Licensee's property located in the License Area. <br />4. Eguimnent, Maintenance and Utility Cost. <br />a. Equipment. Licensee is responsible for all costs associated with the <br />acquisition, installation, maintenance, repair and/or removal of the Equipment. <br />39 <br />