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0 <br />5. Right of Entry. From and after the date of this Agreement, MT and its assigns, <br />including but not limited to Minnesota Commercial Railway Company, shall have the right to <br />enter upon the Exchange Parcel for purposes of constructing a functional replacement of the rail <br />line that current serves the Butcher's Spur ("Team Track"). MT shall not be obligated to restore <br />the condition of the Exchange Property to its condition as of the date of this Agreement if the <br />closing contemplated by this Agreement does not occur for any reason other than breach of this <br />Agreement by MT. MT agrees to indemnify the City against any liens, claims, losses, or damage <br />occasioned by the indemnifying party's exercise of its right to enter and work on the Exchange <br />Property. <br />6. Environmental Investigation. <br />A. DISCLOSURE. Within 10 business days after the date of this Agreement, City <br />will provide MT with copies of all reports in its possession relating to the <br />environmental condition of the Exchange Parcel. Within 10 business days after <br />the date of this Agreement, MT will provide City with copies of all reports in its <br />possession relating to the environmental condition of the Butcher's Spur. <br />B. RIGHT TO ENTER. Commencing upon the date of this Agreement, each party, <br />its agents and consultants, shall have the right to enter upon the property it is <br />• purchasing after the date of this Agreement for the purpose of inspecting and <br />surveying the property and conducting such environmental examination and <br />tests as the party deems necessary. Each party agrees to indemnify the other against <br />any liens, claims, losses, or damage occasioned by the indemnifying party's <br />exercise of its right to enter and work on the property of the other. The entering <br />and investigating party agrees to provide the selling party with a copy of any <br />report obtained as a result of such examination and tests. <br />C. CONTINGENCY; EXCHANGE PARCEL. MT shall have until the later of 20 <br />days after receipt of the City's disclosures under paragraph 6A above or 30 days <br />from the date of this Agreement to complete its investigation into the <br />environmental condition of the Exchange Property and to notify the City in <br />writing that (i) the investigation has disclosed the presence of Hazardous <br />Substances on the Exchange Property; and (ii) MT is terminating this Agreement. <br />The failure to give such written notice within the specified time period shall be <br />deemed a waiver of the contingency at paragraph 3E above. <br />D. CONTINGENCY; BUTCHER'S SPUR. City is aware that the Butcher's Spur is <br />contaminated with petroleum products. City has enrolled in the Voluntary <br />Investigation and Cleanup program with the Minnesota Pollution Control Agency <br />("MPCA") and intends to take all other actions necessary to obtain approval of the <br />City's investigation work plan and remediation plan and, ultimately, site closure <br />• from the MPCA, all at the City's cost. The City's agreement to purchase the <br />Butcher's Spur, however, is expressly contingent upon the City's receipt of all <br />333478v2 ]MP NE 136-221 5 <br />