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121 S. Niles Ave. <br />South Bend, Indiana 46615 <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 />1400 County -City Building <br />227 West Jefferson Boulevard <br />South Bend, Indiana 46601 <br />Attn: Director of Redevelopment <br />With a copy to: <br />Corporation Counsel <br />1200 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. Governing Law. This Contract shall be interpreted and enforced according to the <br />laws of the State of Indiana and any action to enforce the terms or conditions of this Contract shall <br />be commenced in the Courts of St. Joseph County, Indiana. <br />H. Authority. 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. The Commission warrants to the Developer that there has <br />not been a release of hazardous substance or waste upon the Property, as defined under any Federal <br />law or law of the State of Indiana, and warrants that the Commission has obtained all necessary <br />permits for the generation, storage, or transportation of any hazardous waste material on the <br />Property; and further agrees to indemnify and hold harmless against any costs or expenses of any <br />type or nature related to or arising from removal or remedial action incurred as a result of any <br />governmental order resulting from or claimed to have resulted or arisen from the generation, storage, <br />or transportation of hazardous materials on the Property, or the noncompliance with any existing <br />regulation, law, rule or ordinance pertaining to environmental matters, which indemnity shall <br />include, but not be limited to, the cost of defense incurred by the Developer, court costs, expenses, <br />attorney's fees, judgments and awards, expenses of investigation, expenses ofremediation, and other <br />related expense which may arise from or be claimed to have arisen from any environmental claim of <br />any type or nature pertaining to the Property. For the purposes of this paragraph, "hazardous <br />substance" and "environmental matters" shall include all chemicals, compounds, products, by- <br />products, contaminants, substances, emissions, and /or any other regulated environmental agent or <br />13 <br />