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harmless and defend Landlord against all claims, losses or liabilities for injury or <br />death to any person or for damage to or loss of use of any property arising or <br />resulting from the occupancy or use by Tenant of the Leased Area. Landlord shall <br />not be liable to Tenant, its agents, employees, representatives, customers or <br />invitees for any personal injury, death or damage to property caused by theft, <br />burglary, fire or for any other cause occurring on or about the Leased Area. All <br />property kept, stored or maintained within the Leased Area shall be so kept, stored <br />or maintained at the sole risk of the Tenant. Tenant further agrees to defend and <br />indemnify Landlord from and against any and all claims arising from any breach <br />or default in the performance of any obligation on Tenant’s part to be performed <br />under the terms of this Lease. Further, in no event shall Landlord be liable for <br />damages caused by Tenant or Tenant’s employees or agents. The provisions of <br />this Paragraph shall survive the expiration or termination of this Lease with <br />respect to any damage, injury, death, breach or default occurring prior to such <br />expiration or termination. <br />During the Lease Term and any extension thereof, Tenant shall at all times have in <br />full force and effect a policy of general public liability insurance in the amount of <br />the greater of $2,000,000.00 or the maximum liability for tort liability pursuant to <br />Minnesota Statutes Section 466.04 and any amendments thereto, which insurance <br />shall insure Landlord and Tenant against liability for acts of Landlord and Tenant. <br />10. Hazardous Materials. Tenant shall not bring hazardous materials onto, or <br />otherwise store hazardous materials on, the Leased Area other than the fuel that is <br />properly contained and secured in fuel tanks in the boats and other equipment <br />stored in the Leased Area. For purposes of this paragraph, Hazardous Material <br />means and includes any hazardous, toxic or dangerous waste, substance or <br />material defined as such in (or for the purpose of) the Comprehensive <br />Environmental Response, Compensation and Liability Act, and so-called <br />Superfund law, or any federal state or local statute, law, ordinance, code rule <br />regulation, order or decree relating to or imposing liability or standards of conduct <br />concerning, any hazardous, toxic or dangerous waste, substance or material, as <br />now or at any time hereafter in effect. Tenant will indemnify and hold harmless <br />Landlord from any losses, liabilities, damages, costs or expenses (including <br />reasonable attorney’s fees) which Landlord may suffer or incur as a result of <br />Tenant’s introduction into or onto the Premises, of any Hazardous Material. This <br />paragraph shall survive expiration or termination of this Lease. <br />11. Default. If Tenant shall be declared bankrupt or insolvent according to law or if <br />Tenant shall make an assignment for the benefit of its creditors or if Tenant shall <br />violate or default in any other covenants, agreements, stipulations or conditions <br />herein and such violation or default shall continue for five days after written notice <br />from Landlord of such violation or default, then and in such case Landlord <br />3 <br /> <br /> <br />