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of such notice) agrees to timely initiate and diligently pursue and complete all appropriate
<br />response, remediation and removal actions for the presence, release or discharge of such
<br />Hazardous Materials within such deadlines as specified by applicable Environmental Laws.
<br />Developer hereby covenants and agrees that:
<br />(a) Following Developer's acquisition of the Ground Leasehold Interest,
<br />Developer shall not knowingly permit the Project or the Property or any portion of either to be a
<br />site for the use, generation, treatment, manufacture, storage, disposal or transportation of
<br />Hazardous Materials or otherwise knowingly permit the presence or release of Hazardous
<br />Materials in, on, under, about or from the Project or the Property with the exception of cleaning
<br />supplies and other materials customarily used in construction, rehabilitation, use or maintenance
<br />of residential property and used, stored and disposed of in compliance with Hazardous Materials
<br />Laws, and
<br />(b) Upon Developer obtaining the Ground Leasehold Interest, Developer shall
<br />keep and maintain the Project and the Property and each portion thereof in compliance with, and
<br />shall not cause or permit the Project or the Property or any portion of either to be in violation of,
<br />any Hazardous Materials Laws.
<br />9.2 Environmental Indemnification. The provisions of this Section 9.2 shall apply
<br />following Developer's interest of the Ground Leasehold Interest. Developer shall indemnify,
<br />defend (with counsel approved by City) and hold the Indemnitees harmless from and against any
<br />and all Claims including without limitation any expenses associated with the investigation,
<br />assessment, monitoring, response, removal, treatment, abatement or remediation of Hazardous
<br />Materials and administrative, enforcement or judicial proceedings resulting, arising, or based
<br />directly or indirectly in whole or in part, upon (i) the presence, release, use, generation,
<br />discharge, storage or disposal or the alleged presence, release, discharge, storage or disposal of
<br />any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous
<br />Materials to or from, the Property, or (ii) the failure of Developer, Developer’s employees,
<br />agents, contractors, subcontractors, or any person acting on behalf of any of the foregoing to
<br />comply with Hazardous Materials Laws or the covenants set forth in Section 9.1. The foregoing
<br />indemnity shall further apply to any residual contamination in, on, under or about the Property or
<br />affecting any natural resources, and to any contamination of any property or natural resources
<br />arising in connection with the generation, use, handling, treatment, storage, transport or disposal
<br />of any such Hazardous Materials, and irrespective of whether any of such activities were or will
<br />be undertaken in accordance with Hazardous Materials Laws. The provisions of this Section 9.2
<br />shall survive the issuance of a Certificate of Completion for the Project and the expiration or
<br />earlier termination of this Agreement. Developer’s indemnification obligation under this
<br />Section 9.2 shall not apply to acts described in clause (i) above caused by the gross negligence or
<br />willful misconduct of an Indemnitee.
<br />9.2.1. No Limitation. Developer hereby acknowledges and agrees that
<br />Developer’s duties, obligations and liabilities under this Agreement, including, without
<br />limitation, under Section 9.2 above, are in no way limited or otherwise affected by any
<br />information the City may have concerning the Property and/or the presence in, on, under or
<br />about the Property of any Hazardous Materials, whether the City obtained such information from
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