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into a HAA, this Agreement shall be deemed null and void, and Indemnitor shall have <br /> no other remedy against the City. <br /> 3. As the pavement in the ROW may be considered an engineered barrier,the Indemnitor <br /> agrees to reimburse the City for maintenance activities requested by Indemnitor in <br /> writing in order to maintain it as a barrier. The City does not agree to perform <br /> maintenance of the ROW, nor does it agree that the ROW will always remain a City <br /> highway ROW. In the event that the ROW will no longer remain a City highway ROW, <br /> Indemnitor shall take all steps necessary to have the IEPA issue a new no further <br /> remediation determination to reflect that there is no longer a need for the Highway <br /> Authority Agreement. This Agreement does not limit the City's ability to construct, <br /> reconstruct,demolish,improve,grade,excavate,repair,maintain and operate the ROW <br /> for any lawful purpose, nor to allow others to use or do work within the ROW <br /> boundaries. <br /> 4. Indemnitor on behalf of itself, its successors and assigns does hereby covenant and <br /> agree, at its sole cost and expense, to indemnify, defend and hold the City and the <br /> City's former, current and future officials, trustees, officers, servants, employees, <br /> agents, contractors, successors and assigns (collectively "City Affiliates"), <br /> harmless from and against any third party claims which may be asserted against <br /> any of the City Affiliates resulting or arising from the presence of COC on, in, <br /> under or from the ROW. In the event that the City or any of the City Affiliates <br /> is/are named as a defendant(s) in any lawsuit arising out of the matters to be <br /> indemnified under this Agreement, the City and/or any of the City Affiliates shall <br /> have the right to choose the attorney(s) who represent(s) them in said lawsuit, and <br /> the reasonable costs, expenses and fees associated with said attorney(s) in relation <br /> to said lawsuit shall be paid by Indemnitor pursuant to the indemnification <br /> provisions herein. <br /> 5. In addition to the indemnity provided above, if the City or City Affiliates encounter <br /> any soil or groundwater impacted by COC while working in, on or under or near <br /> the ROW, the City has the right to remove contaminated soil or groundwater from <br /> the area it is working and intends to do work and to dispose of them as it deems <br /> appropriate not inconsistent with applicable Environmental Laws. Prior to taking <br /> actions to remove, move or remediate soils or groundwater impacted by COC, <br /> unless there is an immediate threat to the health or safety of any individual, the <br /> environment or the public, or unless there is an immediate need to perform work <br /> in order to maintain the flow of,use of, or traffic in the ROW due to an obstruction <br /> or structural condition of the roadway or pavement (including, but not limited to <br /> buckling, heaving or cracking of the,roadway surface or subsurface), the City will <br /> endeavor to give Indemnitor reasonable notice that it intends to perform work in <br /> the ROW that may involve the moving, removing or remediation of soils and/or <br /> 2 <br />