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09-08-1999 Council Agenda
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09-08-1999 Council Agenda
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b3 <br />contractors. Purchaser agrees to indemnify and hold Seller, its successors and <br />assigns, harmless of and from any and all liabilities, claims, causes of action, <br />penalties, demands and expenses of any kind or nature whatsoever (except <br />those items which by this Agreement specifically become the obligation of the <br />Seller) arising out of activities of Purchaser, including its successors and <br />assigns, on Property from the date of execution of this Agreement to the date <br />of closing. <br />e Purchaser °agrees: to and" does; hereby, indemnify and hold Seller harmless <br />&orrr!any and.'atl costs,xexpenses, damages, or liabilities;. including without <br />limitation, all reasonable attorney's"fees, ineurred.by or imposed upon; Seller, <br />directly_ or indirectly;" arising, out of, or attributable to: <br />(1) The use,, •generation storage (onoroff the Subject Properties) „release, <br />this discharge, °disposal of or presence on, under or about <br />the SubjectProperties or:relating.to the operations of ownership of the <br />Subje,ctProperties'ofany ha?ardous substance, or” escape,; spillage, release <br />o`r leakingwoi any petroleum;product at or under property which <br />• oceurred;:at anytime pnorto == =the. execution and during the term of this <br />Agreement;• <br />(2) Eseape, spillage,frelease "or, leaking:of. any petroleum product from existing <br />UST, orMany undergroundfieid storage Tank located or formerly located at <br />o,undex;tle Subject$roperties wbrch las =occurred. or existed.at or prior to <br />the execution of thrstAgreement and. duriingltheteim of this Agreement;? <br />(3) Any negligent acts of the Purchaser after the date of closing or during the <br />performance and term this Agreement; and <br />(4) The Purchaser's obligations to indemnify and hold Seller harmless herein <br />shall survive the term of this, Agreement. <br />c� Pureliaser.agrees to; and -does hereby indemnify and hold Sellers harmless from <br />any and all costs, . expenses, damages and liabilities, including and, without <br />Imitation, all reasonable attorney's" fees incurred by or imposed upon <br />Purchaser arising out of negligence of Purchaser during the term of this <br />Agreement. The obligation to indemnify and hold the Seller harmless shall <br />survive this Agreement <br />23. Well Disclosure. Check one of the following: <br />X Seller certifies that Seller does not know of any wells on the Property. <br />Page 66 <br />
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