Interest occurring after December 31, 2012. Successors in Interest shall mean
<br />any person, legal entity, agency or instrumentality of government taking any
<br />interest in the Property or any portion thereof whether such interests are as
<br />tenant, subtenant, owner, co- owner, rights of easement, agent or any other
<br />right title or interest in or to the Property or any portion thereof,
<br />(lb) Any breach or failure to perform the obligations of Buyer under the
<br />Remediation Agreement by Bosch on or before December 31, 2012, subject to
<br />any right to offset by Bosch pursuant to Section 12 of the Rehabilitation
<br />Agreement;
<br />(c) Violation of Environmental Law at, or related to operations at, the Property
<br />during Bosch's occupancy of the Property between April 1, 1996 and
<br />December 31, 2012.
<br />(d) Any Remediation, as defined in Section 6, with respect to Environmental
<br />Conditions to the extent such Remediation is necessary by reason of
<br />Environmental Conditions that arise out of, result from, were or are
<br />exacerbated by Bosch, its directors, officers, agents, employees, consultants,
<br />contractors, or invitees after April 1, 1996 and on or before December 31,
<br />2012, or thereafter if caused by Bosch.
<br />4. The City's Indemnification. Subject to the terms of this Agreement, City agrees
<br />to release, indemnify and hold harmless Bosch and its subsidiaries, partners, officers, agents,
<br />employees, predecessors, successors, and any assignees under Paragraph 11 against and with
<br />respect to any and all Environmental Costs which may be imposed upon, incurred by or asserted
<br />against Bosch arising out of, in connection with, or relating to:
<br />(a) Environmental Conditions arising after December 31, 2012 in the interior of
<br />the buildings on the Property which are required to be remediated under then
<br />current or future Environmental Law, but for this subsection (a) only,
<br />excluding Environmental Conditions present under any buildings on the
<br />Property;
<br />(b) Any breach or failure to perform the obligations of Buyer under the
<br />Remediation Agreement by City and/or Successors in Interest after December
<br />31, 2012;
<br />(c) Violation of Environmental Law by the City and/or Successors in Interest at,
<br />or related to operations at, the Property after December 31, 2012.
<br />(d) Any Remediation with respect to Environmental Conditions to the extent such
<br />Remediation is necessary by reason of Environmental Conditions that arise
<br />out of, result from, were or are exacerbated by City and or Successors in
<br />Interest and its or their officials, directors, officers, agents, employees,
<br />consultants, contractors, or invitees after December 31, 2012.
<br />
|