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visual barrier shall be for the sole purpose of concealing the unsightly nature of any
<br />equipment and material storage yard which is the intended use of the leased parcel, and it
<br />shall be of such a substantial nature that it bars the view of the yard to the complete
<br />satisfaction of the Airport Authority, said state of satisfaction being vested in the Airport
<br />Authority's Executive Director. Further, said barrier shall achieve the required state of
<br />satisfaction within one (1) month of the South Bend's occupancy of the storage yard.
<br />15. As a condition for the granting of this Agreement, the City agrees to indemnify,
<br />defend, save and hold harmless the Airport . Authority and the Airport Authority's officers,
<br />directors, employees, servants, guests, invitees, affiliates, heirs, executors, assigns, agents,
<br />contractors, or subcontractors from any and all claims, suits, judgments, liabilities, adverse
<br />conditions and /or situations of any kind assessed, claimed, suffered by or otherwise asserted
<br />against the Airport Authority and/or the Airport Authority's officers, directors, employees,
<br />servants, guests, invitees, affiliates, heirs, executors, assigns, agents, contractors, or
<br />subcontractors arising out of, but not limited to, bodily injury, personal injury, loss of use,
<br />devaluation of property or property damage to any person or property except to the extent that
<br />such claims, suits, judgments, liabilities, adverse conditions and/or situations of any kind
<br />assessed, claimed, suffered by or otherwise asserted were caused by the Airport Authority or the
<br />Airport Authority's officers, directors, employees, servants, guests, invitees, affiliates, heirs,
<br />executors, assigns, agents, contractors, or subcontractors. The City further agrees to pay all
<br />related costs and attorney fees incurred by the Airport Authority in the investigation and defense
<br />of any claim or allegation for which the City is wholly or partially liable, responsible or
<br />otherwise involved or implicated.
<br />Any such damage or injury is incidental to, arises out of, or caused, either proximately or
<br />remotely, wholly or in part, by an act, omission, negligence, or misconduct of the City or any of
<br />its officers, directors, employees, servants, guests, invitees, affiliates, heirs, executors, assigns,
<br />agents, contractors, or subcontractors of any law, ordinance or governmental order or when any
<br />such injury or damage does in any other way arise from or out of the repair or maintenance of the
<br />land, possession, occupancy, or use of the Leased land including, but not limited to, products
<br />sold or operations performed on or from the premises by the City, officers, directors, employees,
<br />servants, guests, invitees, affiliates, heirs, executors, assigns, agents, contractors, or
<br />subcontractors of the Leased Land.
<br />16. Environmental Provisions
<br />a. "Hazardous Substance" shall mean any hazardous substance as defined at
<br />42 U.S.C. § 9601(14), any regulated substance as defined at 42 U.S.C. § 6991(2), asbestos, and
<br />PCBs.
<br />b. "Transportation laws" shall mean any and all federal statutes and
<br />regulations governing the transportation of hazardous materials by truck, rail, water or air,
<br />including but not limited to 49 U.S.C. § 5101 et seq.
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