Common use of Agency Representations, Indemnities and Covenants Clause in Contracts

Agency Representations, Indemnities and Covenants. Agency represents and warrants that it has no information regarding the presence of Hazardous Materials on Agency Parcels, the location of underground tanks, pipelines, utilities or other lines or facilities which may have been installed at, in, on, under or over the Agency Parcels. Agency shall, if necessary, assist Developer in obtaining the assistance of the applicable public utility companies in locating underground lines. Agency agrees to indemnify, protect, defend and hold Developer, its officers, employees and agents harmless from any claims that arise directly or indirectly from or in connection with the presence of Hazardous Material in the air, soil, surface, water, groundwater, or soil vapor at, on, about, under, within from or with respect to the Agency Parcels and existing on the Agency Parcels as of the date Developer first enters the Agency Parcels; provided, however, this indemnity shall not apply to the extent a release of such Hazardous Material is caused by the negligence or willful misconduct of Developer or its agents or contractors.

Appears in 1 contract

Samples: Disposition and Development Agreement

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Agency Representations, Indemnities and Covenants. Agency represents and warrants that it has no information regarding the presence of Hazardous Materials on Agency ParcelsSite, the location of underground tanks, pipelines, utilities or other lines or facilities which may have been installed at, in, on, under or over the Agency ParcelsSite. Agency shall, if necessary, assist Developer in obtaining the assistance of the applicable public utility companies in locating underground lines. Agency agrees to indemnify, protect, defend and hold Developer, its officers, employees and agents harmless from any claims that arise directly or indirectly from or in connection with the presence of Hazardous Material in the air, soil, surface, water, groundwater, or soil vapor at, on, about, under, within from or with respect to the Agency Parcels Site and existing on the Agency Parcels Site as of the date Developer first enters the Agency ParcelsSite; provided, however, this indemnity shall not apply to the extent a release of such Hazardous Material is caused by the negligence or willful misconduct of Developer or its agents or contractors.

Appears in 1 contract

Samples: Disposition and Development Agreement

Agency Representations, Indemnities and Covenants. Agency represents and warrants that it has no information regarding the presence of Hazardous Materials on Agency ParcelsProperty, the location of underground tanks, pipelines, utilities or other lines or facilities which may have been installed at, in, on, under or over the Agency ParcelsProperty. Agency shall, if necessary, assist Developer in obtaining the assistance of the applicable public utility companies in locating underground lines. Agency agrees to indemnify, protect, defend and hold Developer, its officers, employees and agents harmless from any claims that arise directly or indirectly from or in connection with the presence of Hazardous Material in the air, soil, surface, water, groundwater, or soil vapor at, on, about, under, within from or with respect to the Agency Parcels Property and existing on the Agency Parcels Property as of the date Developer first enters the Agency ParcelsProperty; provided, however, this indemnity shall not apply to the extent a release of such Hazardous Material is caused by the negligence or willful misconduct of Developer or its agents or contractors.

Appears in 1 contract

Samples: Disposition and Development Agreement

Agency Representations, Indemnities and Covenants. Agency represents and warrants that it has no information regarding the presence of Hazardous Materials on Agency ParcelsSite, the location of underground tanks, pipelines, utilities or other lines or facilities which may have been installed at, in, on, under or over the Agency ParcelsSite. Agency shall, if necessary, assist Developer Construction Manager in obtaining the assistance of the applicable public utility companies in locating underground lines. Agency agrees to indemnify, protect, defend and hold DeveloperConstruction Manager, its officers, employees and agents harmless from any claims that arise directly or indirectly from or in connection with the presence of Hazardous Material in the air, soil, surface, water, groundwater, or soil vapor at, on, about, under, within from or with respect to the Agency Parcels Site and existing on the Agency Parcels Site as of the date Developer Construction Manager first enters the Agency ParcelsSite; provided, however, this indemnity shall not apply to the extent a release of such Hazardous Material is caused by the negligence or willful misconduct of Developer Construction Manager or its agents or contractors.

Appears in 1 contract

Samples: Predevelopment and Construction Management Agreement

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Agency Representations, Indemnities and Covenants. Agency represents and warrants that it has no information regarding the presence of Hazardous Materials on Agency Parcels, the location of underground tanks, pipelines, utilities or other lines or facilities which may have been installed at, in, on, under or over the Agency ParcelsLot 6. Agency shall, if necessary, assist Developer in obtaining the assistance of the applicable public utility companies in locating underground lines. Agency agrees to indemnify, protect, defend and hold Developer, its officers, employees and agents harmless from any claims that arise directly or indirectly from or in connection with the presence of Hazardous Material in the air, soil, surface, water, groundwater, or soil vapor at, on, about, under, within from or with respect to the Agency Parcels Lot 6 and existing on the Agency Parcels Lot 6 as of the date Developer first enters the Agency ParcelsLot 6; provided, however, this indemnity shall not apply to the extent a release of such Hazardous Material is caused by the negligence or willful misconduct of Developer or its agents or contractors.

Appears in 1 contract

Samples: Disposition and Development Agreement

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