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to:
<br />2. Hazardous Materials Defined. As used herein, "Hazardous Materials" shall refer
<br />(a) Any "hazardous waste" as defined by the Resource Conservation and Recovery
<br />Act of 1976 ( "RCRA "), as amended from time to time, and regulations
<br />promulgated thereunder;
<br />(b) Any "hazardous substance" as defined by CERCLA, as amended from time to
<br />time, and regulations promulgated thereunder;
<br />(c) Any oil, hydrocarbon, petroleum, and related compounds;
<br />(d) Any substance that is a pollutant or contaminant or is toxic, ignitable, reactive, or
<br />corrosive that is regulated by the City of South Bend, St. Joseph County, the State
<br />of Indiana, or the United States of America;
<br />(e) Any dry cleaning, laundry or similar cleaning chemicals, solvents, fluids or
<br />compounds;
<br />(f) Any and all material or substances that are defined as "hazardous waste."
<br />"extremely hazardous waste," or a "hazardous substance" pursuant to the
<br />applicable state, federal or local governmental law, including asbestos and
<br />polychlorinated biphenyls; and
<br />(g) Any other matter or material that is a pollutant or contaminant as determined by
<br />any government authority applicable to the Property.
<br />3. Indemnification. Subject to the terms of this Agreement, the Board agrees to
<br />defend, release, indemnify and hold harmless Union Station and its partners, officers, agents,
<br />employees, and any assignees approved under Paragraph 14 (the "Indemnitees ") against and
<br />with respect to any and all damages, claims, losses, liabilities and expenses, including without
<br />limitation legal fees and environmental consulting or sampling fees or expenses (the
<br />"Environmental Costs ") which may he imposed upon, incurred by or asserted against Union
<br />Station pursuant to the requirements of any governmental authority, including but not limited to
<br />the IDEM and the United States Environmental Protection Agency, and any unrelated third
<br />party, arising out of, in connection with or relating to the Existing Environmental Conditions
<br />described in paragraph I above, or any other Hazardous Materials, known or unknown, that
<br />contaminated the Property on or before the date of Closing as defined in the Purchase
<br />Agreement, including without limitation, the Environmental Costs which may be imposed upon,
<br />incurred by or asserted against Union Station as a result of the Existing Environmental
<br />Conditions (the "Indemnity ").
<br />This Indemnity shall not include, and the Indemnitees shall remain solely responsible for,
<br />any and all damages, claims, losses, liabilities and expenses, including without limitation legal
<br />fees and Environmental Costs arising from (i) any release of Hazardous Materials at the Property
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