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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 (i)
<br />the release, use, generation, discharge, storage or disposal by Developer or by any individual or
<br />entity for which Developer bears the legal liability including, but not limited to, officers, agents,
<br />employees or contractors of Developer (collectively, the "Developer Parties") of any Hazardous
<br />Materials in violation of Environmental Laws during the period of the Developer's ownership of
<br />the Sites, on, under, in or about, or the transportation of any such Hazardous Materials to or
<br />from, the Sites by Developer or any of Developer Parties during the period of the Developer's
<br />ownership of the applicable Sites, or (ii) the violation, or alleged violation, by Developer or any
<br />of Developer Parties of any Environmental Laws relating to the use, generation, release,
<br />discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or
<br />from, the Sites during the period of the Developer's ownership of the Sites. This indemnity shall
<br />include, without limitation, any damage, liability, fine, penalty, cost or expense arising from or
<br />out of any claim, action, suit, or proceeding for personal injury (including sickness, disease or
<br />death), tangible or intangible property damage, compensation for lost wages, business income,
<br />profits or other economic loss, damage to the natural resource or the environment, nuisance,
<br />contamination, leak, spill, release or other adverse effect on the environment.
<br />208.8 Agency Environmental Indemnity. Upon the Closing, Agency agrees to
<br />indemnify, defend and hold Developer and the Developer Parties harmless from and against any
<br />claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
<br />damage, or expense (including, without limitation, attorneys' fees) resulting from, arising out of,
<br />or based upon (i) the release, use, generation, discharge, storage or disposal of any Hazardous
<br />Materials in violation of Environmental Laws on the Sites in each Phase during the period prior
<br />to the Closing of such Phase, on, under, in or about, or the transportation of any such Hazardous
<br />Materials to or from the Sites in a Phase, during the period prior to the Closing of such Phase; or
<br />(ii) the violation, or alleged violation, of any Environmental Laws relating to the use, generation,
<br />release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or
<br />about, to or from, the Sites in a Phase during the period prior to the Closing of such Phase. This
<br />indemnity shall include, without limitation, any damage, liability, fine, penalty, cost or expense
<br />arising from or out of any claim, action, suit or proceeding for personal injury (including
<br />sickness, disease or death), tangible or intangible property damage, compensation for lost wages,
<br />business income, profits or other economic loss, damage to the natural resource or the
<br />environment, nuisance, contamination, leak, spill, release or other adverse affect on the
<br />environment.
<br />300. DEVELOPMENT OF THE SITES
<br />301 A. Developer's Obligations.
<br />301.1 Developer Responsibilities/Obligations. Developer shall be responsible
<br />for all necessary planning and zoning changes; preparation of plans; landscaping, including on-
<br />Site and off-site improvements; construction of all Improvements; and maintaining construction
<br />defect insurance policy(ies) for a period of ten (10) years after conveyance of each Affordable
<br />Unit to a qualified affordable household.
<br />20 EXHIBIT 4
<br />8OA-35
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