6.C.(1) Environmental Testing Agreement (700 S. Lafayette)

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(c.) The City or Indemnitor have not received any written or, to the best of Indemnitor's knowledge, any oral communications from any Governmental Authority informing the City or the Indemnitor of any investigation being or to be conducted by a Governmental Authority with regard to the Release or threatened Release of a Hazardous Sustance to,at or from the Site. (d.) No Environmental Lien has attached to or been asserted against all or any portion of the Site. (e.) To the best of Indemnitor"s knowledge there are no underground storage tanks on the Site. These representations and warranties shall be in effect and survive for ten (10) years after the effective date of this Agreement. 3. Indemnitee's Representations and Warranties. Indemnitee represents and warrants as follows: (a.) Indemnitee has had full access to the Site and a full opportunity to investigate the environmental conditions of the Site, including any Release of Hazardous Substances on, into or from the Site. Further Indemnitee has received from Indemnitor the Environmental Reports and has had sufficient time to review those docuiment$. (b.) Indemnitee's post-closing activities shall not involve the use, generation, processing, treatment or storage of any Hazardous Substances unless such activities are conducted in material compliance with Environmental Laws. (c.) Indemnitee's post-closing activities shall not include the Disposal of Hazardous Substances into or upon the Site. These representations and warranties shall be in effect and survive after the effective date of this Agreement and after Closing. Both parties agree, however, that the breach of the representations and warranties set forth in Section 3 (b.) and 3 (c.) by Indemnitee shall not relieve Indemnitor of their obligation to indemnify Indemnitee under the terms of this Agreement, except as it relates to such post-closing activities. 4. Indemnitor's Indemnifications. (a) The Indemnitor hereby covenants and agrees that they will indemnify, exonerate, hold harmless, and defend Indemnitee and any officer, director, shareholder, employee, attorney or agent of Indemnitee, Indemnitee"s successor and assigns, including any lender who holds indicia of ownership primarily to