Resolution - #20-143 - 07/14/2020

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otherwise be used by Landlord for arrears of Rent or any breach of covenants contained in this Second Addendum. 12. Quiet Enjoyment. Landlord covenants and agrees to allow Tenant to peacefully have, hold and enjoy the Vacant Lot during the Second Addendum Term, provided that Tenant pays the Rent set forth herein and performs all of Tenant’s other agreements and obligations set forth herein. 13. Nuisance. Tenant shall conduct its business and control its agents, employees, invitees and visitors in such a manner as not to create waste, odors, nuisance, or interfere with, annoy or disturb any other tenant of Landlord. 14. Hold Harmless and Liability Insurance. Except in the case of the negligence of Landlord, its agents or its employees, Tenant agrees to indemnify, save, hold harmless and defend Landlord against all claims, losses or liabilities for injury or death to any person or for damage to or loss of use of any property arising or resulting from the occupancy or use by Tenant of the Vacant Lot. Landlord shall not be liable to Tenant, its agents, employees, representatives, customers or invitees for any personal injury, death or damage to property caused by theft, burglary, water, gas, electricity, fire or for any other cause occurring on or about the Vacant Lot. All property kept, stored or maintained in the Vacant Lot shall be so kept, stored or maintained at the sole risk of the Tenant. Tenant further agrees to indemnify, defend and hold harmless Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Second Addendum. Further, in no event shall Landlord be liable for damages caused by Tenant or Tenant’s employees or agents. The provisions of this Paragraph shall survive the expiration or termination of this Second Addendum with respect to any damage, injury, death, breach or default occurring prior to such expiration or termination. During the Second Addendum Term and any extension thereof, Tenant shall at all times have in full force and effect a policy of general public liability insurance in the amount of the greater of $2,000,000.00 per occurrence or the maximum liability for tort liability pursuant to Minnesota Statutes Section 466.04 and any amendments thereto, which insurance shall insure Landlord and Tenant against liability for acts of Landlord and Tenant. 15. Holding Over. If Tenant remains in possession of the Vacant Lot, or any part thereof, after the expiration or termination of the Second Addendum Term with the express written consent of Landlord, Tenant shall be deemed to be occupying the Vacant Lot as a Tenant at will, subject to all the conditions, provisions and obligation of this Second Addendum insofar as the same can be applicable to a tenant at will. In the event of holding over by Tenant after expiration or termination of this Second Addendum without the written consent of Landlord, Tenant shall be in breach of this Second Addendum and Landlord shall be entitled Resolution #20-143 Page 5 of 10