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, tinder, its or about, or the transp rlati n of any such Hazardous Materials to or from the Site,
<br />during the period prior to the Closing; or (ii) the violation, or alleged violation, of ally
<br />Environmental Laws relating to the presence, use, generation, release, discharge, storage,
<br />disposal or transportation of Hazardous Materials ors, under, its or about, to r# froin, the Site
<br />during the period prior to the Closing. This indemnity shall include, without limitation, any
<br />damage, liability, fine, penalty, cost or expense arising from r out of any claim, aeti n, suit or
<br />proceeding for personal injury including sickness, disease or death), tangible or intangible
<br />property damage, compensation for lost wages, business income, profits or ether ec not ie loss,
<br />damage t the natural resource or the environment, nuisance, contamination., leak, spill, release
<br />or other adverse affect on the environment.
<br />207. Agency Acquisition of Additional Properties. The Agency and the Developer
<br />acl iowledge that the Agency is continuing its attempts to uire all of the Additional Properties
<br />which it does not presently own. If and to the extent the Agency is successful in acquiring some
<br />or all of the Additional Properties forty-five days prior to lie date of ally submission of a
<br />Tax Credit application to `I' AC for the Phase to hich each such Additional Property relates as
<br />shown on the Site Map), the Agency shall send written notice thereof to Developer the
<br />"Additional Property Notice"), Upon receipt of the Additional Property Notice, the Agency and
<br />the Developer shall negotiate its good faith to amend the Scope of Development for the Phase or
<br />Phases to which such Additional Properties relate, as ell as an increase ill the amount of the
<br />Agency Loan for Phase R -2, to the extent such Additional Properties relates to Phase R -2. From
<br />and after the date set forth on the Schedule of Performance for each Phase, the Agency shall
<br />iminediately discontinue all attempts to acquire Additional Properties for such Phase and shall
<br />not send any Additional Property Notices for such Phase. The Agency Executive Director r shall
<br />have the authority to approve the amended Scope of Development for affected Phases and the
<br />increased amount of the Agency Loan associated therewith, and any such amendments or
<br />increases shall be reflected in the Implementation Agreement for the applicable Phases. The
<br />inclusion of Additional Properties for a Phase shall not revise the Purchase Price as to the
<br />applicable Phase.
<br />208. Agency Acquisition of the Segura Parcels. T e Agency and the Developer
<br />acknowledge that the Agency has concurrently herewith approved the Segura Purchase
<br />Agreements. Developer per hereby approves the condition f title and Site Condition with respect to
<br />the Segura Parcels. Its reliance on that approval, Agency agrees to use commercially reasonable
<br />eff ils to quir the Segura Parcels pursuant to the Segura Purchase Agreements. Upon
<br />acquisition of the SegUra Parcels by the Agency, the Segura Parcels will become a part of the
<br />Site and be developed in conjunction with Please R-1. In the evert that the Agency fails to
<br />acquire the Segura Parcels on or before September 15, 2010 if Developer is awarded a
<br />reservation of Tax Credits for Phase R- l in the second Tax Credit round of 2 0 1 , and otherwi se
<br />forty -five flays prior to submission elate of a Tax Credit application to 'CAC for Phase -1
<br />if Developer flees net receive a reservation of Tax Credits in the second round of 2010, a all
<br />such dates may be extended by a C QA challenge), the Developer shall redesign Phase -1
<br />excluding the Segura Parcels, in which event Developer's obligations with respect to Phase R-1
<br />shall be extended by the time necessary for such redesign.
<br />209. Separate Phases. The parties acknowledge wledge and agree that Phase R-1, Phase R-2
<br />and Phase PS may be separately owned, financed and developed, and that, in the event of the
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<br />DOCSO C11 400673 v 13/200272-0001
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