R2005-01 AUTHORIZING EXECUTION OF AGREEMENT

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` , ��vill maintain the Right-of-Way as an engineered barrier. 6. The Owner/Operator agrees to indemnify and hold harmless the City, and other highway authorities, if any, maintaining the highway Right-of-Way by an agreement with the City, and the City's agents, contractors or employees for all obligations asserted against or costs incurred by them, including attorney's fees and court costs,associated with the release of Contaminants from the Site, regardless whether said obligations or costs were caused by the negligence, but not the gross negligence of them. 7. As an additional consideration, Owner/Operator agrees to reimburse the City for the reasonable costs it has inc�irred in protecting human health and the environment, �I including, but not limited to, identifying, investigating, handling, storing and disposing of contaminated soil and groundwater in the Right-of-Way as a result of the release of contaminants at this Site. The City has documented those costs for Owner. Those costs amount to (S) 0.00. If costs have been incurred, a cashier's check made payable to "Treasurer, City of Decatur" shall be tendered to the City of Decatur at the time Owner/Operator furnishes a signed Agreement to the City for its signature. That check will be deposited when this Agreement is signed by all necessary parties. 8. This Agreement shall be binding upon all successors in interest to the Owner/Operator or highway Right-of-Way. A successor in interest of the City would include a highway authority to which the City would transfer jurisdiction of the highway. 9. Violation of the terms of this Agreement by Owner/Operator, or their successors in interest, may be grounds for voidance of this Agreement as Highway Authority Agreement. Violation of the terms of this Agreement by the City will not void this Agreement, unless the IEPA has determined that the violation is grounds for voiding this