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any manner affects the City's good and merchantable title to the Site, the City shall use its best efforts to <br />acquire the interest so held, such acquisition to be made at the City's sole cost and expense. The City <br />hereby agrees to save and keep harmless the Authority, or any assignee of the Authority, from and against <br />any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses <br />(including reasonable attorneys' fees, but only in the event that litigation is actually commenced by the <br />Authority) of whatever kind and nature, imposed on, incurred by or asserted against the Authority, or any <br />assignee of the Authority, that in any way relate to or arise out of the assertion of any interest affecting <br />the City's good and merchantable title to the Site by any person or entity, however organized (other than <br />the Authority or any assignee of the Authority). <br />ARTICLE V <br />Miscellaneous <br />Section 5.01. Binding Effect. This Ground Lease shall be binding upon, and inure to the benefit <br />of, the parties hereto, and their successors and assigns. <br />Section 5.02. Certain Defined Terms. Unless the context hereof clearly requires otherwise, <br />capitalized terms used in this Ground Lease and defined in the Lease are used herein with the same <br />meanings as set forth in the Lease. <br />460514v1 JAE LN140-112 <br />(The remainder of this page is intentionally left blank.) <br />6 <br />