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<br /> 17. INDEMNIFICATION
<br /> a. Developer's Indemnification. Notwithstanding anything to the contrary in this
<br /> Agreement, Developer agrees to and does hereby indemnify, defend, and hold
<br /> harmless Municipality, its council members, mayor, employees, agents and
<br /> representatives, and each of their successors and assigns, from and against any
<br /> and all liabilities, claims, demands, suits, administrative proceedings, causes of
<br /> action, costs, damages, personal injuries and property damages, losses,
<br /> attorneys fees and costs of litigation and other expenses, both known and
<br /> unknown, present and future, at law or in equity (collectively, "Municipality's
<br /> Losses"), arising out of, by virtue of, or related in any way to (1) the breach of
<br /> any term, condition, representation or warranty of this Agreement by
<br /> Developer; (2) the inaccuracy of any representation made by Developer in this
<br /> Agreement; (3) any violation or alleged violation of any Environmental Laws
<br /> or environmental permits (at or about the Premises) by Developer or
<br /> Developer's employees, agents, representatives, or contractors; (4) the
<br /> existence or presence of any Hazardous Substances, hazardous conditions, or
<br /> releases in, at, on, under, near, from, or about the Premises or any portion
<br /> thereof, existing after the Closing; and (5) the generation, transportation,
<br /> transfer, storage, handling, treatment, use, or release of any Hazardous
<br /> Substances at the Premises by Developer or Developer's employees, agents,
<br /> representatives, or contractors.
<br /> b. Municipality's Indemnification. Notwithstanding anything to the contrary in
<br /> this Agreement, Municipality agrees to and does hereby indemnify, defend,
<br /> and hold harmless Developer, its managers, members, owners, agents,
<br /> contractors, employees, and representatives, and each of their successors and
<br /> assigns, from and against any and all liabilities, claims, demands, suits,
<br /> administrative proceedings, causes of action, costs, damages, personal injuries
<br /> and property damages, losses, attorneys fees and costs of litigation and other
<br /> expenses, both known and unknown, present and future, at law or in equity
<br /> (collectively, "Developer's Losses"), arising out of, by virtue of, or related in
<br /> any way to (1) the breach of any term, condition, representation or warranty of
<br /> this Agreement by Municipality; (2) the inaccuracy of any representation made
<br /> by Municipality in this Agreement; (3) any violation or alleged violation of any
<br /> Environmental Laws or environmental permits (at or about the Premises) by
<br /> Municipality or Municipality's employees, agents, representatives, or
<br /> contractors; (4) the existence or presence of any Hazardous Substances,
<br /> hazardous conditions, or releases in, at, on, under, near, from, or about the
<br /> Premises or any portion thereof, existing on or prior to the Closing; and (5) the
<br /> generation, transportation, transfer, storage, handling, treatment, use, or release
<br /> of any Hazardous Substances at the Premises by Municipality or Municipality's
<br /> employees, agents, representatives, or contractors.
<br /> The parties' respective obligations under this Section 16b shall be in addition to
<br /> any other rights and remedies they may have under any other document or
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