No. 2065 approving acquisition of real property to facilitate the studebaker national museum relocation project and approving the execution of a ground lease and other related documents associated with studebaker museum relocation project (SBCDA)

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_ 1. Any and all violations of Environmental Laws or releases of Hazardous Substances, or 2. The presence of Hazardous Substances on the Property (whenever released) as a result of or in connection with the presence, prior to the Commencement Date, of any underground storage tank on the Property. Ground Lessor shall have no obligation to indemnify and hold harmless Ground Lessee for that portion of any Environmental Condition attributable to the activities of Ground Lessee subsequent to the Commencement Date. Ground Lessee agrees to indemnify, protect, defend, and hold harmless Ground Lessor from and against any and all losses, damages, liabilities, costs, expenses, and demands suffered or incurred by Ground Lessor as a result of: 1. Any and all violations of Environmental Laws or releases of Hazardous Substances, or 2. The presence of Hazardous Substances on the Property (whenever released) as a result of or in connection with the presence, after the Commencement Date, of any underground storage tank on the Property. Ground Lessee shall have no obligation to indemnify and hold harmless Ground Lessor for that portion of any Environmental Condition attributable to the activities of Ground Lessor prior to the Commencement Date. Ground Lessee and Ground Lessor's respective obligations set forth in this paragraph shall survive the termination or expiration of this Ground Lease. Nothing herein shall relieve Ground Lessee or Ground Lessor of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by Ground Lessee or Ground Lessor's respective activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release or discharge of any contaminant, Ground Lessee shall report such violation to all applicable governmental agencies having jurisdiction, and to Ground Lessor, all within the reporting periods of the applicable governmental agencies. Ground Lessee shall include a corresponding obligation in its agreements with SNM. Section 28. CONFLICT. REDUNDANCY OF AGREEMENT. In the event that any of the terms, conditions, obligations or restrictions expressed herein are in conflict with or are redundant to any of the terms, conditions, obligations or restrictions expressed in the Shared Use Agreement dated the 2 n day of February, 2004, as may be amended, modified or replaced from -14-