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relating to Hazardous Materials and underground tanks. The Developer shall report to the
<br />Agency, as soon as possible after each incident, any unusual or potentially important incidents
<br />with respects to the environmental condition of the Sites.
<br />In the event of a release of any Hazardous Materials into the environment,
<br />the Developer shall, as soon as possible after the release, furnish to the Agency a copy of any and
<br />all reports relating thereto and copies of all correspondence with governmental agencies relating
<br />to the release. Upon request, the Developer shall furnish to the Agency a copy or copies of any
<br />and all other environmental entitlements or inquiries relating to or affecting the Sites including,
<br />but not limited to, all permit applications, permits and reports including, without limitation, those
<br />reports and other matters which maybe characterized as confidential.
<br />208.7 Developer Environmental Indemnity. Upon the Closing, Developer
<br />agrees to indemnify, 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 (i)
<br />the release, use, generation, discharge, storage or disposal by Developer or by any individual or
<br />entity that Developer shall bear the legal liability therefor including, but not limited to, officers,
<br />agents, employees or contractors of Developer (collectively, the "Developer Parties") of any
<br />Hazardous Materials in violation of Environmental Laws during the period of the Developer's
<br />ownership of the applicable Site, on, under, in or about, or the transportation of any such
<br />Hazardous Materials to or from, the .Sites by Developer or any of Developer Parties during the
<br />period of the Developer's ownership of the applicable Site, or (ii) the violation, or alleged
<br />violation, by Developer or any of Developer Parties of any Environmental Laws relating to the
<br />use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on,
<br />under, in or about, to or from, the Sites during the period of the Developer's ownership of the
<br />applicable Site. This indemnity shall include, without limitation, any damage, liability, fine,
<br />penalty, cost or expense arising from or out of any claim, action, suit, or proceeding for personal
<br />injury (including sickness, disease or death), tangible or intangible property damage,
<br />compensation for lost wages, business income, profits or other economic loss, damage to the
<br />natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse
<br />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 during the period prior to the Closing, on, under,
<br />in or about, or the transportation of any such Hazardous Materials to or from the Sites, during the
<br />period prior to the Closing; or (ii) the violation, or alleged violation, of any Environmental Laws
<br />relating to the use, generation, release, discharge, storage, disposal or transportation of
<br />Hazardous Materials on, under, in or about, to or from, the Sites during the period prior to the
<br />Closing. This indemnity shall include, without limitation, any damage, liability, fine, penalty,
<br />cost or expense arising from or out of any claim, action, suit or proceeding for personal injury
<br />(including sickness, disease or death), tangible or intangible property damage, compensation for
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