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conformity of the Project with the terms and conditions of this Agreement, and that
<br />Borrower shall not be entitled to rely on any such inspection(s) as constituting an approval,
<br />satisfaction or acceptance of any materials, workmanship, conformity of the Project with
<br />this Agreement or otherwise. Borrower agrees to make its own regular inspections of the
<br />work of construction of the Project to determine that the quality of the Project and all other
<br />requirements of the work of construction of the Project are being performed in a mannor
<br />satisfactory to Borrower.
<br />Section 3.7 Examination, Without limiting the foregoing, upon request by the
<br />City and during normal business hours, Borrower shall permit the City to examine and
<br />copy all books and account records and other papers relating to the Property and the
<br />construction of the City Funded Improvements. Borrower will use commercially
<br />reasonable efforts to cause all contractors, subcontractors and materialmen to cooperate
<br />with the City to enable such examination.
<br />ARTICLE 4 PUBLIC IMPROVEMENT LOAN REQUIREMENTS
<br />Section 4.1 Information. Borrower shall provide any information reasonably
<br />requested by the City in connection with the City Funded Improvements,
<br />Section 4.2 Audits. Borrower shall make available for examination at
<br />reasonable intervals and during normal business hours to City all books, accounts, reports,
<br />files, and other papers or property with respect to all matters covered by this Agreement,
<br />and shall permit City to audit, examine, and make excerpts or transcripts from such records.
<br />City may make audits of any conditions relating to this Agreement.
<br />Section 4.3 Environmental Indemnity of the City by Borrower. The Borrower
<br />agrees, at its sole cost and expense, to fully indemnify, protect, hold harmless, and defend
<br />(with counwl selected by the Borrower and reasonably approved by the City) the
<br />Indemnified .Parties, from and against any and all claims, demands, damages, losses,
<br />liabilities, obligations, penalties, fines, actions, causes of action, judgments, sluts,
<br />proceedings, costs, disbursements and expenses, including, without limitation, attorney
<br />fees, disbursements and costs of attorneys, environmental consultants and other experts,
<br />and all foreseeable and unforeseeable damages or costs of any kind or of any nature
<br />whatsoever (collectively, "Environmental Claims") that may, at any time, be imposed
<br />upon, incurred or suffered by, or claimed, asserted or awarded against, the Indemnified
<br />Parties, relating to or arising from any of the following "Environmental Matters"
<br />occurring during or arising from the Borrower's ownership of the property upon which the
<br />Project is located, or construction or operation of the Project (excluding any matters to the
<br />extent they arise from a release of Hazardous Substances that occurred prior to Borrower's
<br />possession of the Property):
<br />(a) The presence of Hazardous Substances on, in, under, from or affecting all
<br />or any portion of the City Funded Improvements or the Project.
<br />(b) The storage, holding, handling, release, threatened release, discharge,
<br />generation, leak, abatement, removal or transportation of any Hazardous Substances on, in,
<br />under, from or affecting the City Funded Improvements or the Project.
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