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of, in connection with or relating to (i) the Existing Environmental Conditions described in Paragraph 2 above, or (ii) any other Environmental Condition, known or unknown, existing, arising or occurring on or prior to the date of this Environmental Agreement. 5. Curtis's Indemnification. Subject to the terms of this Environmental Agreement, Curtis agrees to release, indemnify and hold harmless the Commission, the City, and any subdivision or agency thereof, including any public officials, directors, officers, agents, employees, and any assignees under Paragraph 12 of this Agreement, against and with respect to any and all damages, claims, losses, liabilities and expenses, including without limitation legal fees and Environmental Costs which may be imposed upon, incurred by or asserted against any of them pursuant to the requirements of any governmental authority, including but not limited to the IDEM and the US EPA, and any unrelated third party, arising out of, in connection with or relating to (i) any Environmental Conditions (including but not limited to the release of Hazardous Substances) not existing on the date of this Environmental Agreement, but rather arising or occurring after the date of this Environmental Agreement, or (ii) any exacerbation by Curtis or its directors, officers, agents, employees, contractors, invitees, and any assignees under Paragraph 12 of any Environmental Condition covered by the Commission's Indemnification under Paragraph 4. 6. Claims. Each indemnified party (the "Indemnitee ") shall give the indemnifying party (the "Indemnitor ") prompt written notice of any Claim asserted against one or more of the indemnified persons or entities under Paragraphs 4 and 5 which may give rise to a claim of indemnification under this Environmental Agreement. If the Claim is covered by Paragraphs 4 or 5, the Indemnitor shall undertake the defense of such claim, demand, action, controversy or suit by counsel of its choosing (reasonably satisfactory to the Indemnitee) at its sole cost and expense. The Indemnitee shall give the Indemnitor and its counsel reasonable assistance and cooperation with respect to such defense. The Indemnitor shall not be obligated to pay any legal or defense costs for Claims not covered by its respective indemnity. If investigative or remedial work is required to resolve any Claim covered by Paragraphs 4 or 5, the Indemnitor shall have the right to select the environmental consultant and shall pay for such work at its sole cost and expense. The Indemnitor shall not be obligated to pay any costs for investigative or remedial work not covered by its respective indemnity. If the Indemnitor, within thirty (30) days after notice of any Claim covered by Paragraphs 4 or 5, fails to undertake a defense, the Indemnitee shall have the right to undertake a 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 Indemnitor shall be responsible for reimbursing the Indemnitee for reasonable legal fees and Environmental Costs. The Indemnitor shall retain the right to assume such defense and environmental work, with legal counsel and an environmental contractor of its choosing (reasonably satisfactory to the Indemnitee). Except as provided in this Paragraph 6, the Indemnitee shall not hire any legal counsel or environmental consultant to address any Claim covered by Paragraphs 4 or 5, unless it is at the Indemnitee's sole cost and expense. 5