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would be incurred in dealing with late payments; and (iii) reasonable <br />attorneys' fees it incurs as a result of payment delinquencies. <br />4. Insurance. Each Party agrees to maintain, at all times, a policy or policies of <br />commercial general liability insurance providing coverage on an "occurrence" rather than a <br />"claims made" basis. The policy shall include coverage for bodily injury, property damage, <br />personal injury, contractual liability (applying to this Agreement), and independent contractors. <br />The policy or policies shall be in such amounts as prudent owners of the type of each property <br />each Party owns within the Minneapolis, Minnesota metropolitan statistical area would maintain <br />but in any event must be in at least the amount of $1,000,000 per occurrence and $2,000,000 in <br />aggregate. Each Party agrees to provide evidence of such liability insurance in the form of a <br />Certificate of Insurance if requested by the other Parties. <br />5. ComoHance with Laws. The Owners must at all times use the Lots in <br />compliance with all statutes, laws, rules, regulations and ordinances as may exist from time to <br />time and that they shall not, at any time, use, store, dispose of or release on any Lot or cause or <br />permit to exist to be used, stored, disposed of or released on any Lot any substance which is <br />defined as a "hazardous substance", "hazardous material", "toxic substances" or "solid waste" in <br />violation of any federal, state or local law, statute or ordinance. <br />6. Restriction. No improvements, building, fence, wall or other structure may be <br />built or maintained on the portion of Lot 1 that is legally described and depicted on the attached <br />Exhibit D (the "Restricted Property"). The Restricted Property may be used for surface uses <br />such as a parking lots, patios, hardscaping and landscaping. The owner of the Restricted <br />Property may construct one sign within the Restricted Property. In addition to compliance with <br />all provisions of the City of Ramsey's Code of Ordinances that apply to any such sign, the <br />Owner of the Restricted Property must construct any sign located on the Restricted Property in <br />conformance with design and construction plans which the Owner has submitted to the HRA for <br />review and which the HRA has approved. The HRA may not unreasonably delay, condition or <br />deny is approval. The purpose for the HRA's review and approval rights is to ensure consistency <br />between the appearance of the sign located in the Restricted Area and signs the HRA constructs <br />within easements the HRA reserves to itself on Lots 4 and 5, COR TWO, Anoka County, <br />Minnesota. The HRA may assign its review and approval rights under this Section 6 to any party <br />to whom the HRA assigns the signage easements it reserves over Lots 4 and 5, COR TWO. The <br />Owner of Lot 1 may not create any additional curb cuts between the northerly 100 feet of Lot 1 <br />and the East Access Easement Property. <br />7. Emereencv Self Heln.. Notwithstanding the allocations of responsibility for <br />maintenance, repair and replacement set forth in Sections 2.A(ii), 2.B(ii) or 2.C(ii) of this Article <br />III, the Owner of a Lot benefitted by an Easement may make emergency repairs to or plow and <br />remove debris from the portions of the West Roadway Improvements or the East Roadway <br />Improvements that provide access to the Owners' Lot and may make emergency repairs to <br />Shared Storm Sewer Improvements serving the Owners' Lot or the improvements located on the <br />Owners' Lot, if and to the extent necessary to maintain commercially reasonable access and <br />utility service to the Owners' Lot. An Owner performing such emergency repairs, plowing or <br />debris removal must use commercially reasonable efforts to notify, in writing or otherwise, the <br />Owner otherwise responsible under this Agreement for such repairs, plowing or debris removal <br />8 <br />4873445v8 <br />