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07-1766 Target Land Exchange Agreement
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07-1766 Target Land Exchange Agreement
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2/28/2007 12:30:49 PM
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2/28/2007 12:17:05 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
2/26/2007
Doc Number
07-1766
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<br />tenant for any period, oriel accept the surrender of or terminate any Lease. <br /> <br />Hi) Insurance. Each party shall maintain hazard and liability <br />insurance in amounts not less than the amount currently carried with respect <br />to their respective Property and all such policies shall be kept in full force and <br />effect until the Closing. <br /> <br />The references to "Property" in this Section 6(C) refer to the Target Exchange <br />Property and/or the City Exchange Property, as the case may be. <br /> <br />7. Access, Investioations and Inspections. <br /> <br />7 .1 Target and Target's authorized representatives are hereby granted the <br />free right and privilege, at Target's sole expense, to enter upon the City Exchange <br />Property at reasonable times during the Inspection Period for the purpose of making <br />such surveys and conducting such soils tests, hydrology tests, percolation tests, <br />environmental tests and other engineering and environmental tests or investigations <br />as Target may desire. Target hereby indemnifies City from and against any and all <br />liability, damage, claim, cost and expense resulting therefrom, or suffered or <br />incurred by City as a direct result of any exercise of such right of entry by Target <br />and Target's agents or consultants on Target's behalf, including, without limitation, <br />any damage to property, injury to or death of persons and any mechanic's or <br />professional liens arising therefrom, except that Target shall have no responsibility <br />to City, and Target and Target's agents, employees, representatives, contractors, <br />successors and assigns are hereby released from liability, for any damages arising <br />out of existing environmental conditions or subterranean structures or utilities that <br />were known to City and not previously disclosed to Target. City shall promptly <br />deliver to Target any information (for example, any surveys, plans, reports, test <br />results, permits, tank registrations, listings of agricultural chemicals used or title <br />insurance policies) City has within City's knOWledge or control or of which City is <br />aware regarding the condition of the City Exchange Property and/or any structures <br />or utilities that may be present on the City Exchange Property. <br /> <br />7.2 City and City's respective authorized representatives are hereby <br />granted the free right and privilege, at such party's sole expense, to enter upon the <br />Target Exchange Property at reasonable times during the Inspection Period after <br />reasonable prior notice to Target for the purpose of making such surveys and <br />conducting such soils tests, hydrology tests, percolation tests, environmental tests <br />and other engineering and environmental tests or investigations as City may desire, <br />provided, however, that such access shall not in any manner disrupt the operation <br />ofTarget's retail use on Target's adjacent property within the Shopping Center. City <br />hereby indemnifies Target from and against any and all liability, damage, claim, cost <br />and expense resulting from the exercise of City's right hereunder, or suffered or <br />incurred by Target as a direct result of any exercise of such right of entry by City <br /> <br />524250 v4 <br /> <br />-7- <br />
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