Laserfiche WebLink
i. "Remediation Work" shall mean any and all actions needed under the VRA and <br />VRP or otherwise to accomplish the Remediation Objectives as defined herein, <br />including: (i) investigations of Environmental Conditions, such as but not limited <br />to assessments, risk assessments, remedial investigations, sampling, testing, <br />monitoring or the installation or closure of monitoring wells; and (ii) actions taken <br />to address Environmental Conditions, such as, but not limited to, removal or <br />remedial actions to address Environmental Conditions, installation and use of <br />sumps, trenches, barriers or other systems for long term treatment or control of <br />soils, surface water or groundwater, and deed and/or other use restrictions or <br />Institutional or Engineering Controls, as defined herein, imposed on the Property <br />to address Environmental Conditions. <br />"US EPA" means the United States Environmental Protection Agency, and any <br />successor agency of the United States government. <br />j. "VRA" means that certain Voluntary Remediation Agreement dated January 25, <br />1999, between Honeywell and IDEM with respect to the Real Property in <br />accordance with the Indiana Voluntary Remediation Program pursuant to Indiana <br />Code 13 -25 -5 ( "VRP "). <br />2. Existing Environmental Conditions. The Parties acknowledge that there are <br />certain Hazardous Substances on, at, or under the Property which are in excess of the Indiana <br />Department of Environmental Management's ( "IDEM ") clean-up criteria or screening levels <br />( "Existing Environmental Conditions "), as and to the extent described in the Environmental <br />Reports. The Commission acknowledges that it has received the Curtis Application (together <br />with the JPR Environmental Report which is a part thereof) and represents hereby that has no <br />knowledge of information that would render the Curtis Application materially incomplete or <br />inaccurate. <br />3. Current Remediation Efforts. Honeywell continues to remediate the Existing <br />Environmental Conditions under the oversight of IDEM pursuant to the Honeywell ERA. Curtis <br />and the Commission each acknowledges and agrees that the rights granted to Honeywell and <br />obligations of Bosch reflected in the Honeywell ERA run with the land and that, as a successor <br />in title to the Property, Curtis shall be bound by those rights and obligations, and shall have the <br />benefits of all of the rights granted to Bosch reflected in the Honeywell ERA, as successor in <br />interest to Bosch thereunder. <br />4. The Commission's Indemnification. Subject to the terms of this Environmental <br />Agreement, the Commission and the City each agrees to release, indemnify and hold harmless <br />Curtis, any entity in which Curtis has a controlling interest or under common control with Curtis, <br />and their respective shareholders, directors, officers, agents, employees, and any assignees under <br />Paragraph 12 of this Agreement, against and with respect to any and all damages, claims, losses, <br />liabilities and expenses, including without limitation legal fees and environmental consulting or <br />sampling fees or expenses (the "Environmental Costs ") which may be imposed upon, incurred by <br />or asserted against any of them pursuant to the requirements of any governmental authority, <br />including but not limited to the IDEM and the US EPA, and any unrelated third party, arising out <br />4 <br />