R2003-145 AUTHORIZING EXECUTION OF AGREEMENT

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` • Citv concurrent with the tendering of this Agreement for signature by the City. 5. Company ackno�vledges that the City may have issued permits for the use of the High�vay or its Right-of-Way. Compan��a��rees to indemnify and hold the City harmless from the claim of any prior permittee that it has suffered any damage as a result of Contamination if the damage occurred prior to the e�tecution of this Agreement. 6. Notwithstanding the provisions of Section�above,Company agrees to indemnify and hold harmless the City and other entities holding Highway Right of Way permits("Permittee")dated before the execution of this Agreement issued by the City from all obligations asserted against or costs incuned related to Contamination except as provided in Section 7 below. 7. Nothing in this Agreement shall be construed as a requirement that the City continue to own, operate, maintain or control the Highway or its Right of Way. In the event Company requests the City perform specific maintenance to the Highway or its Right-of-Way in order to establish or maintain the Highway as an Engineered Bamer, at the request of the City, Company shall pay all costs associated with that specific request. 8. The City agrees that it will include in all future Highway or Right-of-Way permits for the Highway adjacent to the Premises the following or similar language, and it will make a reasonable good faith effort to notify all current Permittees of the following requirements and conditions for continuing use of permits: As a condition of this permit or of maintaining this permit,the Permittee shall contact the Illinois State Geological Survey or the City of necatur, , so that the ISGS or the City can identify sites in the Right-of-Way encompassed by this permit �vhich have approved tiered approach to corrective action objectives("TACO")agreements entered into by the City. The Permittee shall take measures when accessing these sites to protect human health and the environment and to avoid the further migration of contaminants from these sites. The Permittees are subject to the terms of the TACO agreements,which include benefits,and duties of the Permittee. Any activity conducted by the Permittee shall be at the Permittee's cost and shall conform to all environmental requirements, rules, statutes, and ordinances of all relevant federal, state and local agencies, including common law. In the event the permit is for water and sewer repair to properties adjacent to the highways, the permittee shall notify Company as soon as practicable before undertaking any work and Company agrees to assist permittee at Company's cost in complying with any environmental requirements. Company releases the City from liability for breach of this agreement or the above noted clause by any Permittee. Company fiirther agrees to cooperate with any Permittee seeking -, �