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sound condition for uses contemplated by this Agreement, notwithstanding any lesser standard of
<br /> remediation allowable under applicable Governmental Requirements. The Developer's obligations
<br /> under this Paragraph (b) of this Section 3.10 shall survive the issuance of the completion of the
<br /> Developer Improvements.
<br /> (c) Indemnification. Developer shall save, protect, pay for, defend,
<br /> indemnify and hold harmless the Agency and the City of San Leandro and their respective officers,
<br /> employees, representatives and agents, from and against any and all liabilities, suits, actions, claims,
<br /> demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions),
<br /> losses, costs or expenses (including, without limitation, consultants' fees, investigation and
<br /> laboratory fees, attorneys' fees and remedial and response costs) (the foregoing are hereinafter
<br /> collectively referred to as "Liabilities ") which may now or in the future be incurred or suffered by.the
<br /> Agency or the City or their respective officers, employees, representatives or agents by reason of,
<br /> resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result
<br /> of the Developer's ownership of all or any part of the Property: or any act or omission on the part of
<br /> Developer, or its agents, employees, representatives, agents, contractors or invitees during
<br /> Developer's ownership thereof.
<br /> (d) Duty to Prevent Hazardous Material Contamination. During the
<br /> construction and operation of the Developer Improvements and any other construction as Developer
<br /> may undertake on the Property, the Developer shall take all necessary precautions to prevent the
<br /> release of any Hazardous Materials into the environment on or under the Property. Such precautions
<br /> shall include compliance with all Governmental Requirements with respect to Hazardous Materials.
<br /> In addition, the Developer shall install and utilize such equipment and implement and adhere to such
<br /> procedures as are consistent with the then prevailing standards as respects the disclosure, storage,
<br /> use, removal and disposal of Hazardous Materials.
<br /> (e) Environmental Inquiries. The Developer shall notify the Agency, and
<br /> provide to the Agency a copy or copies, of any environmental permits, disclosures, applications,
<br /> entitlements or inquiries relating to the Property: notices of violation, notices to comply, citations,
<br /> inquiries, clean -up or abatement orders, cease and desist orders, reports filed pursuant to self -
<br /> reporting requirements and reports filed or applications made pursuant to any Governmental
<br /> Requirement relating to Hazardous Materials and underground tanks, and the Developer shall report
<br /> to the Agency, as soon as possible after each incident, any unusual, potentially important incidents.
<br /> In the event of a release of any Hazardous Materials into the environment, the Developer shall, as
<br /> soon as possible after the release, furnish to the Agency a copy of any and all reports relating thereto
<br /> and copies of all correspondence with governmental agencies relating to the release. Upon request of
<br /> the Agency, the Developer shall furnish to the Agency a copy or copies of any and all other
<br /> environmental entitlements or inquiries relating to or affecting the Property including, but not limited
<br /> to, all permit applications, permits and reports.
<br /> (f) Definitions. For the purposes of this Section 3.10, the following
<br /> terms shall have the meanings herein specified:
<br /> (i) The term "Hazardous Materials" shall mean (i) any
<br /> "hazardous substance" as defined by the - Comprehensive Environmental Response, Compensation
<br /> and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.), as amended from time to time, and
<br /> regulations promulgated thereunder; (ii) any "hazardous substance" as defined by the Carpenter -
<br /> Presley- Tanner Hazardous Substance Account Act (California Health and Safety Code Sections
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