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rules and regulations, whenever and by whomever triggered, and shall obtain and comply
<br />with, and ensure that all tenants and subtenants obtain and comply with, any and all
<br />approvals, registrations or permits required thereunder.
<br />(b) The City shall (i) conduct and complete all investigations, studies, sampling and
<br />testing, and all remedial, removal, and other actions necessary to clean up and remove all
<br />Hazardous Materials, on, from, or affecting the Property (A) in accordance with all
<br />applicable Federal, state and local laws, ordinances, rules, regulations, and policies, (B) to
<br />the satisfaction of the Assignee, and (C) in accordance with the orders and directives of all
<br />Federal, state and local governmental authorities, and (ii) defend, indemnify, and hold
<br />harmless the Assignee from and against any claims, demands, penalties, fines, liabilities,
<br />settlements, damages, costs, or expenses of whatever kind or nature, known or unknown,
<br />contingent or otherwise, arising out of, or in any way related to, (A) the presence, disposal,
<br />release, or threatened release of any Hazardous Materials which are on, from, or affecting
<br />the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (B)
<br />any personal injury (including wrongful death) or property damage (real or personal)
<br />arising out of or related to such Hazardous Materials, and/or (C) any violation of laws,
<br />orders, regulations, requirements or demands of government authorities, or any policies or
<br />requirements of the mortgage Assignee, which are based upon or in any way related to such
<br />Hazardous Materials including, without limitation, attorney and consultant fees,
<br />investigation and laboratory fees, court costs, and litigation expenses.
<br />(c) In the event that the Assignee elects to control, operate, sell or otherwise claim
<br />property rights in the Property, the City shall deliver the Property free of any and all
<br />Hazardous Materials so that the conditions of the Property shall conform with all
<br />applicable Federal, state and local laws, ordinances, rules or regulations affecting the
<br />Property. Prior to any such delivery of the Property, the City shall pay the Assignee, from
<br />its own funds, any amounts then required to be paid under subsection (ii) above.
<br />(d) The provisions of this Section 5.17 shall survive any termination of this Lease
<br />Agreement.
<br />(e) For purposes of this Section 5.17, "Hazardous Materials" includes, without limit,
<br />any flammable explosives, radioactive materials, hazardous materials, hazardous wastes,
<br />hazardous or toxic substances, or related materials defined in the Comprehensive
<br />Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C.
<br />§§ 9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. §§ 1801
<br />et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. §§ 9601 et seq.),
<br />and in the regulations adopted and publications promulgated pursuant thereto, or any
<br />other Federal, state or local environmental law, ordinance, rule, or regulation.
<br />59,
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