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

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(b) Provided, however, that in case the City or Indemnitor receives written notice of any Claim in respect of which Claim indemnity properly may. be sought against the Indemnitee pursuant to this Agreement, Indemnitor must give notice in writing to the Indemnitee within, thirty (30) days of receipt of said notice and Indemnitor's failure to provide such notice will relieve the Indemnitees of their respective obligation to iudemnify the Indemnitor of such Claim. (c) In consideration for the indemnity fi•om the Indemnitor, Indemnitee hereby covenants not to sue the Indemnitor under any common law or statutory cause of action, now existing or available in the future for any and all costs, expenses, fees, liabilities or obligations attributable to a voluntary effort by Indemnitee its officers, directors, shareholders or agents to investigate, contain, cleanup, remove, heat or in any other way address Hazardous Substances existing prior to or at the time this Agreement becomes effective and located in, at, under (including the groundwater) or upon or Released from the Site. 6. Survival of Indemnities. The obligations and agreements of and between Indemnitee and Indemnitor set forth in Sections 4 and 5 of this Agreement shall survive Closing. 7. Transfer of Indemnity. Indemnitor~s obligation to indemnify Indemnitee under this Agreement shall apply to a subsequent purchaser, including a lender who forecloses on its security interest in the Site, provided that such subsequent purchaser sets forth in writing its agreement to the terms and conditions set forth herein (including but not limited to those set forth in Sections 3 and 5 and such written notice is given to Indemnitor in accordance with Section 8 of this Agreement. Indemnitor"s obligation to indemnify a subsequent purchaser shall be effective immediately upon receipt by Indemnitor of the notice set forth herein. 8. All demands, notices and other communications given hereunder shall be in writing and given in accordance with and to the addresses set forth below. 9. This Agreement constitutes the entire A~n•eement of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, modified, revised, supplemented or restated except by a writing signed by each of the parties hereto. Any consent, waiver or suspension of any duty or responsibility of Indemnitor hereunder shall not be deemed effective unless in writing and signed by a duly authorized officer of the Indemnitee. 10. This Agreement has been made and delivered in and shall be construed according to and governed by the intei~lal laws of the State of Indiana. This Agreement shall be construed and interpreted in such a manner as to be effective, enforceable and valid under all applicable laws. If any provision hereof shall be held invalid, prohibited or unenforceable under any applicable laws of any applicable jurisdiction, such invalidity, prohibition or unenforceability shall be limited to such provision and shall not affect or invalidate the other provisions hereof or affect the validity or enforceability of such provision in any other jurisdiction, and to that extent, the provisions hereof are severable.