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Jones Petrie Rafinski Corp. <br />412 S. Lafayette Blvd. <br />South Bend, Indiana 46601 <br />Attn: David M. Rafinski <br />ii. in the case of the Commission, is addressed to or delivered personally to the <br />Commission as follows: <br />South Bend Redevelopment Commission <br />1200 County -City Building <br />227 West Jefferson Boulevard <br />South Bend, Indiana 46601 <br />Attn: Don Inks <br />With a copy to: <br />City Attorney <br />1400 County -City Building <br />227 West Jefferson Boulevard <br />South Bend, Indiana 46601 <br />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. Governint. Law. This Contract shall be interpreted and enforced according to the <br />laws of the State of Indiana. <br />H. Authori . 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 />1. Environmental Concerns. Commission warrants to Developer that there has not been <br />a release of hazardous substance or waste upon the Property, as defined under any Federal law or <br />law of the State of Indiana, and warrants that Commission has obtained all necessary permits forthe <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, judgments 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 />13 <br />