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<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 IX
<br />ENVIRONMENTAL MATTERS
<br />9.1 No City Liability; Developer’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, if any, existing or occurring on the Property or any portion thereof, and
<br />Developer shall be solely responsible for all actions and costs associated with any such activities
<br />required by any regulatory agency with jurisdiction over the Property and/or required for the
<br />development of the Project, the Property, or any portion thereof. Upon receipt of any notice
<br />regarding the presence, release or discharge of Hazardous Materials in, on or under the Property,
<br />or any portion thereof, Developer (as long as Developer owns the property which is the subject
<br />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 />(1) 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,
<br />disposal or transportation of Hazardous Materials or otherwise knowingly permit the
<br />presence or release of Hazardous Materials in, on, under, about or from the Project or the
<br />Property with the exception of cleaning supplies and other materials customarily used in
<br />construction, rehabilitation, use or maintenance of residential property and used, stored
<br />and disposed of in compliance with Hazardous Materials Laws, and
<br />(2) 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
<br />Property or any portion of either to be in violation of, any Hazardous Materials Laws.
<br />9.2 Environmental Indemnification. Developer shall indemnify, defend (with counsel
<br />approved by City) and hold the Indemnitees harmless from and against any and all Claims
<br />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 />indirectly in whole or in part, upon (i) the presence, release, use, generation, discharge, storage
<br />or disposal or the alleged presence, release, discharge, storage or disposal of any Hazardous
<br />Materials on, under, in or about, or the transportation of any such Hazardous Materials to or
<br />from, the Property, or (ii) the failure of Developer, Developer’s employees, agents, contractors,
<br />subcontractors, or any person acting on behalf of any of the foregoing to comply with Hazardous
<br />Materials Laws or the covenants set forth in Section 9.1. The foregoing indemnity shall further
<br />apply to any residual contamination in, on, under or about the Property or affecting any natural
<br />resources, and to any contamination of any property or natural resources arising in connection
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