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claim of an prior permittee that is has suffered any damage as a result of Contamination if the <br /> damage occurred prior to the execution of this Agreement. <br /> 6. Notwithstanding the provisions of Section 4 above, Owner agrees to indemnify <br /> and hold harmless the City and other entities holding Highway Right-of-Way permits <br /> ("Permittee") dated before the execution of this Agreement issued by the City from all <br /> obligations asserted against or costs incurred related to Contamination except as provided in <br /> Section 7 below. <br /> 7. Nothing in this Agreement shall be construed as a requirement that the City ' <br /> continue to own, operate, maintain or control the Highway or its Right-of-Way. In the event <br /> Owner requests that City perform specific maintenance to the Highway or its Right-of-Way in ', <br /> order to establish or maintain the Highway as an Engineered Barrier, at the request of the City, !� <br /> Owner shall pay costs associated with the specific request. , <br /> 8. The City agrees that it will include in all future Highway or Right-of-Way permits , <br /> for the Highway adjacent to the Premises the following or similar language, and it will make a I <br /> reasonable food faith effort to notify all current Permittees of the following requirements and I <br /> conditions for continuing use of permits <br /> As a condition of this permit or of maintaining this permit, the Permittee shall contact the <br /> Illinois State Geological Survey or the City of Decatur, so that the ISGS or the City can <br /> identify sites in the Right-of-Way encompassed by this permit which have approved <br /> tiered approach to corrective action objectives ("TACO") agreements entered into by the <br /> City. The Permittee shall take measures when accessing these sites to protect human <br /> health and the environment and to avoid the further migration of contaminants from these <br /> sites. The Permittees are subject to the terms of the TACO agreements, which include <br /> benefits, and duties of the Permittee. Any activity conducted by the Permittee shall be at <br /> the Permittee's cost and shall conform to all environmental requirements, rules, statutes, <br /> and ordinances of all relevant federal, state and local agencies, including common law. <br /> In the event the permit is for water and sewer repair to properties adjacent to the <br /> highways, the permittee shall notify Owner as soon as practicable before undertaking any <br /> work and Owner agrees to assist permittee at Owner's cost in complying with any <br /> environmental requirements. <br /> Owner releases from liability for breach of this agreement or the above noted clause by <br /> any Permittee. Owner further agrees to cooperate with any Permittee seeking information about <br /> Contamination or its responsibilities pursuant to this Agreement. <br /> 9. Should the City breach this agreement, Owner's sole remedy is an action to <br /> compel the City of comply with this agreement. Nothing contained herein shall limit the remedy <br /> of Owner against a Permittee who acts in violation of the provisions of Section 7 above however <br /> Owner agrees that if it brings an action against a Permittee for a violation, it shall appear, defend <br /> and indemnify the City from any claim brought against it by the Permittee. Should the City <br /> convey, vacate or transfer jurisdiction of the Highway or its Right-of-way, Owner may also <br /> 3 <br />