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<br />Site or has previously been located therein but has been removed therefrom; (v) no violation of any
<br />Enviromnental Regulation now exists relating to the Site or the Facilities, no notice of any such violation
<br />or any alleged violation thereof has been issued or given by any governmental entity or agency, and there
<br />is not now any investigation or report involving the Site or the Facilities by any govermnental entity or
<br />agency which in any way relates to Hazardous Substances; (vi) no person, party or private or
<br />govermnental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost
<br />or demand for payment or compensation, whether or not involving any injury or threatened injury to
<br />human health, the enviromnent or natural resources, resulting or allegedly resulting from any activity or
<br />event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements
<br />relating in any way to Hazardous Substances, in, upon, under, over or from the Site, (viii) the Site is not
<br />listed in the United States Enviromnental Protection Agency's National Priorities List of Hazardous
<br />Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local
<br />governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in
<br />favor of any govermnental entity or agency as a result of any release or threatened release of any
<br />Hazardous Substance.
<br />
<br />In the event any Hazardous Substance is found upon, under, over or from the Site or the Facilities
<br />in violation of any Enviromnental Regulation or if any lien or claim for lien in favor of any govermnental
<br />entity or agency as a result of any release of any Hazardous Substance is threatened, the City, at its sole
<br />cost and expense, shall, within ten days of such finding, deliver written notice thereof to the Authority and
<br />shall promptly remove such Hazardous Substances upon, under, over or from the Site or the Facilities and
<br />prevent the imposition of any liens against the Site or the Facilities for the cleanup of any Hazardous
<br />Materials. Such removal shall be conducted and completed in compliance with all applicable federal,
<br />state, and local laws, regulations, rules, ordinances, and policies, in accordance with the orders and
<br />directives of all federal, state, and local governmental authorities. In the event the City has not removed
<br />such Hazardous Substances within a time period deemed reasonable by the Authority, the City shall, at
<br />the written direction of the Authority, take such remedial action as the Authority shall direct. In the event
<br />the City shall not comply with the written directions of the Authority within the time frame established
<br />within its written directions, the City hereby grants to the Authority an irrevocable license to remove
<br />Hazardous Substances from, repair, clean up, and detoxify the Site and the Facilities and agrees to
<br />reimburse the Authority for all of its costs therefor.
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<br />The City further agrees, to the extent permitted by Minnesota law, to reimburse the Authority for
<br />any and all claims, demands, judgments, penalties, liabilities, costs, damages, and expenses, including
<br />court costs and attorneys' fees directly or indirectly incurred by the Authority (prior to trial, at trial and on
<br />appeal) in any action against or involving the Authority resulting from any breach of the foregoing
<br />covenants, or from the discovery of any Hazardous Substance, in, upon, under or over, or emanating from
<br />the Site or the Facilities, whether or not the City is responsible therefor, it being the intent of the City and
<br />the Authority that the Authority shall have no liability or responsibility for damage or injury to human
<br />health, the enviromnent or natural resources caused by, for abatement andlor clean up of, or otherwise
<br />with respect to, Hazardous Substances by virtue of the interests of the Authority in the Site and the
<br />Facilities pursuant to this Ground Lease, or hereafter created, or as the result of the Authority exercising
<br />any of its rights or remedies with respect thereto hereunder or under any other instrument, including but
<br />not limited to becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The
<br />foregoing representations, warranties, and covenants of this Section shall be deemed continuing
<br />covenants, representations, and warranties for the benefit of the Authority, including but not limited to
<br />any purchaser at a foreclosure sale, any transferee of the title of the Authority or any other purchaser at a
<br />foreclosure sale, and any subsequent owner of the Site or the Facilities, and shall survive the satisfaction
<br />or release of this Ground Lease, andlor any acquisition of title to the Site or the Facilities or any part
<br />thereof by the Authority. Any amounts covered by the foregoing shall bear interest from the date incurred
<br />at the maximum rate permitted by law and shall be payable on demand.
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