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local law, regulation or ordinance, including under any Environmental Law such as the
<br />Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. §9601 et
<br />seq.), the Emergency Planning and Community Right -to -Know Act (42 U.S.C. §11001 et seq.),
<br />the Hazardous Substances Transportation Act (49 U.S.C. §1801 et seq.), or the Clean Air Act (42
<br />U.S.C. §7401 et seq.), or Indiana Environmental Legal Action statute (I.C. § 13-30-0, et seq.).
<br />For purposes of this Agreement, "Environmental Law" means, as amended and as now in effect,
<br />any and all federal, state, local, and foreign statutes, regulations, ordinances, and other provisions
<br />having the force or effect of law, all judicial and administrative orders and determinations, all
<br />contractual obligations, and all common law concerning public health and safety, worker health
<br />and safety, pollution, or protection of the environment, including, without limitation, all those
<br />relating to the presence, use, production, generation, handling, transportation, treatment, storage,
<br />disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control,
<br />or cleanup of any hazardous materials, substances, or wastes, chemical substances or mixtures,
<br />pesticides, pollutants, contaminants, toxic chemicals, petroleum products or byproducts,
<br />asbestos, polychlorinated biphenyls, noise, or radiation.
<br />9. Compliance with Law. Southhold understands and agrees that it will, at its own
<br />expense, observe and comply with all present and future statutes, laws, ordinances, requirements,
<br />orders, rules and regulations of all governmental authorities.
<br />10. Insurance. Southhold, at its expense, shall maintain during the term of this
<br />Agreement, commercial general liability insurance on the Property covering Contractor as the
<br />named insured and identifying the City of South Bend, Indiana, the South Bend Board of Public
<br />Works, and the Civic Center Board of Managers as an "additional insured" with terms
<br />satisfactory to the CC Board and the BPW and with companies qualified to do business in the
<br />State of Indiana, for limits of not less than $700,000.00 for bodily injury, including death
<br />resulting therefrom, and personal injury for any one (1) person in any one (1) occurrence,
<br />$5,000,000.00 for such injuries for all persons for any one (1) occurrence, $1,000,000.00
<br />property damage insurance, or a combined single limit in the amount of $6,000,000.00.
<br />Notwithstanding the foregoing, Southhold shall, at all times, maintain said general liability
<br />insurance naming the City of South Bend, Indiana, the South Bend Board of Public Works, and
<br />the Civic Center Board of Managers as an "additional insured" for bodily injury, including death
<br />resulting therefrom and personal injury with limits sufficient to cover the City, the CC Board and
<br />the BPW's exposure to liability for said injuries, which amounts are set forth at Indiana Code §
<br />34-13-3-4, as the same may be amended, superseded or recodified from time to time.
<br />11. Assignment. Southhold may not assign this Agreement without first obtaining
<br />the BPW's written consent to such assignment, which the BPW may grant or withhold in its sole
<br />discretion. In the event the Company seeks the BPW's consent to an assignment of this
<br />Agreement, the Company will provide to the BPW any and all information reasonably requested
<br />by the BPW concerning the proposed assignee's identity, corporate existence, financial standing,
<br />or other matters relevant to the BPW's consideration.
<br />*,*CC.Marriott Pinployee Parking Agrmt. final 4
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