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<br />4.3 Release of Claims. Developer hereby waives, releases and discharges forever <br />Indemnitees from all present and future Claims arising out of or in any way connected with the <br />condition of the Property or the improvements located thereon, any Hazardous Materials on, <br />under, in or about the Property, or the existence of Hazardous Materials contamination due to <br />the generation of Hazardous Materials from the Property, however they came to be placed <br />there, except that arising out of the gross negligence or willful misconduct of Indemnitees or to <br />the extent such Claims are related to Hazardous Materials on, under, in or about the Property <br />known to Agency but not disclosed to Developer. <br /> <br />Developer is aware of and familiar with the provisions of Section 1542 of the California Civil <br />Code which provides: <br /> <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE <br />TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST <br />HAVE MA TERlALL Y AFFECTED HIS SETTLEMENT WITH THE DEBTOR <br /> <br />As such relates to this Section 4.3, Developer hereby waives and relinquishes all rights <br />and benefits which it may have under Section 1542 of the California Civil Code. <br /> <br />fl-3 <br /> <br />Developer Initials <br /> <br />4.4 Developer's Post-Closing Obligations; Environmental Indemnification. <br /> <br />4.4.1 Developer's Covenants. Developer hereby covenants and agrees that: <br /> <br />a. Developer shall not knowingly permit the Project or the Property or any <br />portion of either to be a site for the use, generation, treatment, manufacture, storage, disposal or <br />transportation of Hazardous Materials or otherwise knowingly permit the presence or release of <br />Hazardous Materials in, on, under, about or from the Project or the Property with the exception <br />of cleaning supplies and other materials customarily used in construction, rehabilitation, use or <br />maintenance of residential property and used, stored and disposed of in compliance with <br />Hazardous Materials Laws. <br /> <br />b. Developer shall keep and maintain the Project and the Property and each <br />portion thereof in compliance with, and shall not cause or permit the Project or the Property or <br />any portion of either to be in violation of, any Hazardous Materials Laws. <br /> <br />c. Upon receiving actual knowledge of the same, Developer shall <br />immediately advise Agency in writing of: (i) any and all enforcement, cleanup, removal or <br />other governmental or regulatory actions instituted, completed or threatened against the <br />Developer, the Project, or the Property pursuant to any applicable Hazardous Materials Laws; <br />(ii) any and all claims made or threatened by any third party against the Developer, the Project <br />or the Property relating to damage, contribution, cost recovery, compensation, loss or injury <br />resulting from any Hazardous Materials; (iii) the presence or release of any Hazardous <br />Materials in, on, under, about or from the Project or the Property; or (iv) Developer's discovery <br /> <br />803698-6 <br /> <br />12 <br />