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<br />Policy, the City will be named as an additional insured by <br />endorsement with respect to operations or activities of <br />MMPA but only to the extent that the City is held liable for <br />damage and injury for which MMPA is liable under this <br />Agreement. No coverage is provided for liability arising out <br />of the City’s or its tenants, invitees, or permittees’ own <br />negligence or misconduct. MMPA shall require each of its <br />contractors, consultants or agents performing work on behalf <br />of the MMPA to procure and maintain insurance coverage <br />pursuant to all requirements of Section 6.2. <br /> <br />6.3. Certificate of Insurance. MMPA agrees to supply the City <br />with a certificate of insurance that shows insurance coverage <br />provided under the Policy, as the City may reasonably <br />request. The City and MMPA each agree that nothing in this <br />section regarding indemnity or insurance shall be a waiver of <br />any immunity which either the City or MMPA may have <br />under Minnesota statutes, except to the extent that valid and <br />collectible insurance exceeds applicable limits and covers <br />the claim, as set forth in Minnesota Statute Section 466.06. <br /> <br />6.4. Requirements of Governmental Agencies. MMPA, at its <br />expense, shall comply in all material respects with valid and <br />applicable laws, ordinances, statutes, orders and regulations <br />of any governmental agency in connection with the <br />installation and operation of the Wind Energy Facilities. <br />MMPA shall have the right and sole discretion to contest by <br />appropriate legal proceedings, brought in the name of <br />MMPA or in the name of both MMPA and the City where <br />appropriate and required, the validity or applicability to the <br />Property or Wind Energy Facilities of any law, ordinance, <br />statute, order, regulation, property assessment or the like, <br />now or hereafter made or issued by any federal, state, <br />county, local, or other governmental unit or entity. The City <br />shall cooperate in every reasonable way in such contest, at <br />no out-of-pocket expenses to the City. Any contest or <br />proceeding, including any maintained in the name of the <br />City, shall be controlled and directed by MMPA. <br /> <br />6.5. Upon completion of any work requiring the opening of the <br />Property or any damage to the Property, MMPA shall, in all <br />cases, restore the Property to the same or similar condition <br />as it was prior to said operation, with the exception of <br />replacing any trees removed within the Easement Areas. <br />The work shall be completed as promptly as weather <br />permits, and if MMPA shall not promptly perform and <br />6 <br /> <br />Doc# 3047489\\2 <br />154644225.4 <br /> <br />