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attributable to the curing of the default or breach and such sum shall constitute a part of the <br /> indebtedness secured by the City Deed of Trust. <br /> 7.5 Modifications to Agreement. City shall not unreasonably withhold its consent to <br /> modifications of this Agreement requested by Project lenders or investors provided such <br /> modifications do not alter City's substantive rights and obligations under this Agreement. <br /> 7.6 Estoppel Certificates. Either Party shall, at any time and from time to time, <br /> within fifteen (15) days after receipt of written request from the other Party, execute and deliver <br /> to such Party a written statement certifying that, to the knowledge of the certifying Party: (i) this <br /> Agreement is in full force and effect and a binding obligation of the Parties (if such be the case), <br /> (ii) this Agreement has not been amended or modified, or if so amended, identifying the <br /> amendments, and (iii) the requesting Party is not in default in the performance of its obligations <br /> under this Agreement, or if in default, describing the nature of any such defaults. <br /> ARTICLE VIII <br /> ENVIRONMENTAL MATTERS <br /> 8.1 No City Liability; Borrower's Covenants. City shall not be responsible for the <br /> cost of any soil, groundwater or other environmental remediation or other response activities for <br /> any Hazardous Materials existing or occurring on the Property or any portion thereof, and <br /> Borrower shall be solely responsible for all actions and costs associated with any such activities <br /> required for the development of the Project, the Property, or any portion thereof. Upon receipt of <br /> any notice regarding the presence, release or discharge of Hazardous Materials in, on or under <br /> the Property, or any portion thereof, Borrower (as long as Borrower owns the property which is <br /> the subject of such notice) agrees to timely initiate and diligently pursue and complete all <br /> appropriate response, remediation and removal actions for the presence, release or discharge of <br /> such Hazardous Materials within such deadlines as specified by applicable Environmental Laws. <br /> Borrower hereby covenants and agrees that: <br /> (i) Borrower 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, operation or <br /> maintenance of residential property and any commercial uses developed as part of the Project, <br /> and used, stored and disposed of in compliance with Environmental Laws, and <br /> (ii) Borrower 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 Environmental Laws. <br /> 8.2 Environmental Indemnification. Borrower shall indemnify, defend (with counsel <br /> reasonably approved by City) and hold the lndemnitees harmless from and against any and all <br /> Claims including without limitation any expenses associated with the investigation, assessment, <br /> monitoring, response, removal, treatment, abatement or remediation of Hazardous Materials and <br /> administrative, enforcement or judicial proceedings resulting, arising, or based directly or <br /> 1755895.3 21 <br />