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5. Ownership of Wind Energy Facilities. <br /> <br />5.1. Ownership Rights of MMPA. MMPA shall have all <br />ownership rights in the Turbine and all other Wind Energy <br />Facilities, and shall own and control all electrical power <br />generated by the Wind Energy Facilities; and be entitled to <br />all associated products and attributes related to such electric <br />power including all Renewable Energy Credits. <br /> <br />5.2. No Ownership of Wind Energy Facilities by the City. The <br />City shall have no ownership or other interest in any Wind <br />Energy Facilities installed in the Easement Areas and MMPA <br />may remove any or all Wind Energy Facilities at any time. <br />MMPA shall provide the City with 60 days written notice <br />before decommissioning and removing the Wind Energy <br />Facilities. <br /> <br />5.3. Removal of Wind Energy Facilities. In the event that MMPA <br />removes the Wind Energy Facilities during the term of this <br />Agreement, or upon the termination of this Agreement, <br />MMPA shall, at its own expense, remove all aspects of the <br />Wind Energy Facilities, including the foundation, and provide <br />such grading as may be appropriate to return the land to its <br />approximate condition prior to the installation of the Wind <br />Energy Facilities. <br /> <br />6. MMPA’s Representations, Warranties, and Covenants. MMPA <br />hereby represents, warrants, and covenants to the City that: <br /> <br />6.1. Indemnification. MMPA shall indemnify, keep, hold and <br />defend the City, its officials, employees and agents free and <br />harmless from any and all liability loss, cost, damage, liability <br />or expense, including reasonable attorneys’ fees, suffered or <br />incurred by the City, its officers, employees, or agents, <br />arising out of MMPA’s acts or omissions or those of its <br />employees, agents or contractors related to MMPA’s use of <br />the Property or its operations and activities. The City shall <br />not be indemnified for losses or claims occasioned through <br />the City’s own negligence. <br /> <br />6.2. Insurance. In addition, MMPA shall maintain liability <br />insurance, insuring MMPA and the City if loss caused by <br />MMPA’s use of the Easements under this Agreement (the <br />“Policy”). The Policy shall provide for a coverage limit of the <br />greater of two million dollars ($2,000,000.00) or the City’s <br />statutory limits under Minn. Stat. ch. 466. Under such a <br />5 <br /> <br />Doc# 3047489\\2 <br />154644225.1 <br /> <br />