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Materials associated with removal and abatement of any improvements is curre tly on the Site,
<br />confirming that all such Hazardous Materials have been properly ' abated and removed in
<br />compliance with all applicable laws, rules and regulations the "Abatement l ep re' . In
<br />addition, concurrent with delivery of the Abatement Report to Developer with respect to a
<br />particular Phase, the Agency shall deliver to Developer a letter from the provider of the
<br />Abatement Deport for SLIch Phase authorizing the Developer and any other entity whose identity
<br />was provided to .gency prior to the time the Agency enters into a contract for preparation and
<br />delivery of the Abatement Report to rely on the Abatement .e c rt.
<br />Prior to entering into a contract to retain the provider of the Abatement t Report, Agency
<br />shall request from Developer the names of those parties Developer requires to be entitled to rely
<br />on such Abatement Report. Promptly following such request, Developer shall deliver a list of
<br />such names to Agency; provided, that, if Developer has not, as of such time, identified all of its
<br />lenders and investors who will teed to rely on such Abatement Report, Developer may deliver an
<br />incomplete list to Agency and Agency shall add the marries identified on such incomplete list to
<br />the reliance provisions of such contract and use best efforts, at no additional cost to Agency, to
<br />insert a requirement in such contract allowing the addition of inore natues to such list following
<br />the execution of the contract.
<br />206.8 Developer Site Condition Indemnity. Upon the Closing, Developer
<br />agrees to irrderrrrrify, defend and hold Agency harmless from and against any claim, action, suit,
<br />proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense
<br />(including, without limitation, attorney's fees), resulting from, arising out of, or based upon the
<br />Site Condition, including without limitation i the release, use, generation, discharge, storage or
<br />disposal by Developer or by any individual or entity for which Developer bear's the legal liability
<br />including, but not limited to, officers, agents, employees or contractors of Developer
<br />(collectively, the "Developer Parties" ) oof any Hazardous Materials in violation of Environmental
<br />Laws during the period of the Developer's ownership of the applicable Phase of the Site, oil,
<br />under, in or about, or the transportation of any such Hazardous Materials to or from, the Phase. of
<br />the Site by Developer or any of Developer Parties during the period of the Developer's
<br />ownership of the Phase of'the Site, and/or (ii) the violation, or alleged violation, by Developer or
<br />any of Developer Parties of any n ironme t l Laws relating to the use, generation, release,
<br />discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or
<br />fr ni, the Site during the period of the Developer's ownership of the applicable Phase of ile Site.
<br />This inden-inity shall include, without limitation, any damage, liability, fine, penalty, cost or
<br />expense arising from or out of any elail , action, suit, or proceeding for personal injury
<br />(including sickness, disease or death), tangible or intangible property damage, compensation n for
<br />lost wages, business income, profits or other economic loss, damage to the natural resource or
<br />the environment, nuisar ee, contain it ation, leak, spill, release or caber adverse effect oil the
<br />environment with respect to the applicable Phase of'the Site.
<br />206.9 Agency Envii #onrrrentai Indemnit y. Upon the Closing, Agency agrees to
<br />indemnify, defend and bold Developer and the Developer i atlies harmless from and against any
<br />claim, action, snit, proceeding, loss, cost, damage, liability, deficiency, fire, penalty, punitive
<br />d image, or expense se including, without limitation, attorneys' fees) resulting from, arising out of,
<br />or based upon i the presence, release, use, generation, discharge, storage or disposal of any
<br />Hazardous Materials in violation of Environmental Laws daring the period prior to the Closing,
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<br />D so 11 400673Nr 131200272-0001
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