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or other environmental contamination occurring after the date of Closing as defined in the Purchase Agreement or (ii) any exacerbation by any Indemnitee of the Existing Environmental Conditions or any other environmental contamination covered by the Indemnity. 4. Covenant Not to Sue. The Board hereby covenants not to sue, and releases Union Station and its subsidiaries, divisions, shareholders, members, officers, directors, attorneys, agents, employees, spouses, relatives, heirs, successors and assigns, and any of their respective affiliates, past, present and future from any claims of recovery of, contribution toward, or reimbursement of any costs, fees or expenses incurred by on behalf of the Board to investigate or remediate all Existing Environmental Conditions at the Property, except as may be necessary to assert, and solely for the purpose of asserting, a claim against Union Station's insurance policies. In any such case, the Board shall not seek to recover from Union Station any portion of any judgment against Union Station, and the Board explicitly waives any right to do so. 5. Claims. The Indemnitees shall give the Board prompt written notice of any claim asserted against one or more Indemnitees including, but not limited to, any notice of claim, demand, action, controversy or suit which may give rise to a claim of indemnification under this Agreement. If the claim is covered by the Indemnity, the Board shall undertake the defense of such claim by counsel of its choosing at its sole cost and expense. The Indemnitees shall give the Board and its counsel reasonable assistance and cooperation with respect to such defense. The Board shall not be obligated to pay any legal or defense costs for claims not covered by the Indemnity. If investigative or remedial work is required to resolve any claim covered by the Indemnity, the Board shall have the right to select the environmental consultant and shall pay for such work at its sole cost and expense. The Board shall not be obligated to pay any costs for investigative or remedial work not covered by the Indemnity. Except as provided in this Paragraph 5, Union Station shall not hire any legal counsel or environmental consultant to address any claim covered by the Indemnity, unless it is at Union Station's sole cost and expense. If the Board, within 30 days after notice of any claim covered by the Indemnity, fails to undertake defense, the Indemnitees shall have the right to undertake defense, including compromise or settlement thereof with counsel of their choosing, and to select an environmental consultant to perform environmental investigation and remediation work required to address such claim by an applicable government authority. The Board shall be responsible for reimbursing the Indemnitees for these legal fees and Environmental Costs. The Board shall retain the right to assume such defense and environmental work, with legal counsel and an environmental contractor of its choosing. 6. Termination of Indemnity: Liquidated Damages. The Indemnity set forth in Paragraph 3 above shall automatically terminate on the earlier of: a. The date that is 35 years from the date of this Agreement; or