Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City and its officers, agents, independent contractors, consultants, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Development (including but not limited to street right of way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws.
Appears in 7 contracts
Samples: Developer's Agreement, Developer's Agreement, Developer's Agreement
Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City Town and its officers, agents, independent contractors, consultants, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City Town by, under, pursuant to, or in connection with the Development and this Agreement (including but not limited to street right of right-of-way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City Town agrees that it will immediately notify Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City Town or other entities, Developer shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws.
Appears in 1 contract
Samples: Developer Agreement
Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold the City and its officers, agents, independent contractors, consultants, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Development and this Agreement (including but not limited to street right of right-of-way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvementsImprovements. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, Statestate, or Federal federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately promptly notify Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws.
Appears in 1 contract
Samples: Developer Agreement