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2. The Public Entities, jointly and severally, agree to indemnify, defend and hold <br />harmless the Company and UPV Land, their successors and assigns (and their officers, directors, <br />employees, affiliates and insurers) from any and all claims, suits, costs, losses, damages, fees and <br />expenses (including reasonable attorneys' fees} (collectively, "Damages") resulting from or <br />relating to the presence of Contamination existing at the Oliver Park Site as of the date hereof. <br />by: <br />3. This Agreement inures to the benefit of and binds the undersigned and their <br />respective successors in interest and assigns. Nothing contained in this Agreement shall prcvcnt <br />a third-party from relying on the provisions hereof: <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date or <br />dates below, effective as of the date first above written. <br />UPV LAND, LLC <br />Donald E. Nuner, President <br />dated: <br />STATE OF INDIANA ) <br />ss: <br />COtJNTY OF ST. JOSEPH ) <br />THE 1100 CORPORATION <br />by: <br />Donald E. Nuner, President <br />dated: <br />Before me the undersigned, a Notary Public in and for said County and State, personally <br />appeared Donald E. Nuner, the President of the UPV Land, LLC and The 1100 Corporation, who <br />acknowledged the execution of the foregoing Indemnity Agreement. <br />Witness my hand and Notary Seal this <br />Notary Public <br />[Notarial Seal] <br />My commission expires: <br />day of , 2009. <br />Printed Name: <br />Resident of <br />County, <br />