6.C.(2) Draft Environmental Indemnity Agreement (700 S. Lafayette)

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diagrams, maps and all lab reports, whether in draft or final form, to 3G within three (3) days of receipt of such reports and other information. 5. To the extent any soil sample indicates a level of contamination in excess of the Non - Residential RISC standards as set forth in the Indiana Department of Environmental Management's non -rule policy documents in use at the time of the testing for the parameters listed in Exhibit B, then the City and South Bend Redevelopment shall, at their own expense, do the following: a. Conduct such further testing as necessary to fully delineate the soil within the Testing Area and adjacent thereto to determine the amount and extent of soil contamination. b. Once fully delineated, remove and dispose of all contaminated soil in accordance with all applicable federal, state, or local law, statute, code, rule, regulation or ordinance and any order, judgment or decree of any court, commission or administrative body. 6. To the extent no soil sample conducted in accordance herewith indicates a level of contamination in excess of the Non- Residential RISC standards, as described in Paragraph 5 hereof, then the City and South Bend Redevelopment shall have no further obligation to do additional testing or remove and dispose of any soil; provided, however, that notwithstanding anything to the contrary herein, the obligations of the City and South Bend Redevelopment under that certain Addendum to Environmental Indemnity Agreement, dated even date herewith, shall continue to fully apply and shall not be abrogated in any respect whatsoever. IN WITNESS WHEREOF, the undersigned have caused their duly authorized officers to execute and deliver this Agreement as of the day and year first written above. SOUTH BEND, INDIANA REDEVELOPMENT COMMISSION By: Name: Title: THE CITY OF SOUTH BEND, INDIANA IIn Name: 2 ATTEST: ATTEST: