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or at such other address with respect to either such party as that party may from time to time
<br />designate in writing and forward to the other as provided in this Section.
<br />G. Governing Law. This Contract shall be interpreted and enforced according to the
<br />laws of the State of Indiana.
<br />H. Authority. The undersigned persons executing and delivering this Contract on behalf
<br />of each Party represent and certify that they have been fully empowered to execute and deliver this
<br />Contract and that all necessary action has been taken and done such Party.
<br />I.Environmental Concerns. Commission warrants to Developer that there has not been a
<br />release of hazardous substance or waste upon the Property, as defined under any Federal law or law
<br />of the State of Indiana, and warrants that Commission has obtained all necessary permits for the
<br />generation, storage, or transportation of any hazardous waste material on the Property; and further
<br />agrees to indemnify and hold harmless against any costs or expenses of any type or nature related to
<br />or arising from removal or remedial action incurred as a result of any governmental order resulting
<br />from or claimed to have resulted or arisen from the generation, storage, or transportation of
<br />hazardous materials on the Property, or the noncompliance with any existing regulation, law, rule or
<br />ordinance pertaining to environmental matters, which indemnity shall include, but not be limited to,
<br />the cost of defense incurred by Developer, court costs, expenses, attorney's fees, judgements and
<br />awards, expenses of investigation, expenses of remediation, and other related expense which may
<br />arise from or be claimed to have arisen from any environmental claim of any type or nature
<br />pertaining to the Property. For the purposes of this paragraph, "hazardous substance" and
<br />"environmental matters" shall include all chemicals, compounds, products, by-products,
<br />contaminants, substances, emissions, and/or any other regulated environmental agent or event, as set
<br />forth in any federal, state or local statute, rule, regulation or ordinance relating to the environment, or
<br />underground storage tanks, including, without limitation, the Clean Air Act, 42 U.S.C. §7401, et
<br />sec .;the Clean Water Act, 33 U.S.C. § 1251, et seq.; Resource Conservation and Recovery Act, §42
<br />U.S.C. 6921, et seQ; the Solid Waste Disposal Act, 42 U.S.C., §6901, et seq.; the Comprehensive
<br />Environmental Response Compensation and Liability Act, 42 U.S.C. §9601, et seq.; the Emergency
<br />Planning and Community Right-to-Know Act, 42 U.S.C. § 11001, et seq., together with any parallel
<br />or similar state and local laws, and all rules and regulations promulgated pursuant thereto. The
<br />Commission's obligation to indemnify and hold harmless under this paragraph shall be limited to
<br />environmental concern(s) of which it has knowledge prior to the construction deadline set forth
<br />above in Section III(B). The Commission's obligation to indemnify and hold harmless shall expire
<br />and be no longer enforceable at the end of thirty-six (36) months after execution of this Contract;
<br />unless notice has been given requesting indemnification of specific concern(s) within the thirty-six
<br />(36) month period, then the Commission shall continue to indemnify and hold harmless for any
<br />concern(s) for which notice was given.
<br />J. MLS Reporting. Developer shall use its best efforts to report each sale of an
<br />individual unit through the Greater South Bend-Mishawaka Association of REALTORS, Inc., MLS
<br />system. The Commission agrees to work with the Developer, and pay for any reporting costs
<br />associated with said reporting, for sales that do not involve a realtor.
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