Laserfiche WebLink
D. In all Contracts. Developer shall cause the foregoing <br />covenants to be inserted in all contracts for any work covered by this Agreement so that <br />such provisions will be binding upon each contractor and subcontractor for the benefit of <br />City, provided that the foregoing covenant shall not apply to contracts or subcontracts for <br />standard commercial supplies or raw materials. <br />14. ENVIRONMENTAL MATTERS <br />14.1 Representation and Warranty. Except as disclosed in writing to the <br />City, Developer has no knowledge (a) of the presence on, under or about the Property, <br />now or in the past, of any Hazardous Materials, or of the transportation to or from the <br />Property of any Hazardous Materials, (b) that asbestos or polychlorinated biphenyls <br />(PCBs) are contained in or stored on the Property, or (c) that there are any underground <br />storage tanks located in, on or under the Property. <br />14.2 Compliance with Environmental Laws. Developer shall (a) comply with <br />all environmental laws and environmental permits applicable to the Rehabilitation of the <br />Property, (b) immediately pay or cause to be paid all costs and expenses incurred by <br />reason of such compliance, (c) keep the Property free and clear of any environmental <br />claims or liens imposed pursuant to any environmental law, and (d) obtain and renew all <br />environmental permits required for ownership or use of the Property. <br />14.3 Presence of Hazardous Materials. Developer shall not, and shall not <br />permit anyone else to, generate, use, treat, store, handle, release, or dispose of Hazardous <br />Materials on the Property, or transport or permit the transportation of Hazardous <br />Materials to or from the Property except for de minimis quantities used at the Property in <br />compliance with all applicable environmental laws and required in connection with the <br />routine operation and maintenance of the Property. <br />14.4 Notice of Environmental Matters. Developer shall immediately advise <br />City in writing of any of the following: (a) any pending or threatened environmental <br />claim against Developer or the Property, (b) any condition or occurrence that (i) results in <br />noncompliance with any applicable environmental law, (ii) could reasonably be <br />anticipated to cause the Property to be subject to any restrictions on the ownership, <br />occupancy, use or transferability of the Property under any environmental Law, or (iii) <br />could reasonably be anticipated to form the basis of an environmental claim against the <br />Property or Developer. <br />14.5 Environmental Indemnification by the Developer. Developer agrees to <br />defend, indemnify and hold harmless the City and their respective officers, directors, <br />employees and agents (collectively the "lndemnitees ") from and against any and all <br />obligations (including removal and remediation), losses, claims (including third party <br />claims), suits, judgments, liabilities, penalties, damages (including consequential and <br />punitive damages), costs and expenses (including consultants, and attorneys' fees) of <br />whatever kind or nature whatsoever that may at any time be incurred by, imposed on, or <br />asserted against the lndemnitees directly or indirectly based on, or arising or resulting <br />from the actual or alleged presence of Hazardous Materials on the Property. <br />28 <br />251 -34 <br />