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Environmental Protection Act . The Parties, or their contractors and subcontractors, shall be <br /> responsible for notifying the City at least one week prior to any time such access is required, and <br /> also for observance of and compliance with all applicable health and safety procedures when on <br /> the City Property. <br /> 4.2 Repair Work. The other Parties �all immediately repair all damage to the City <br /> Property arising out of or resulting from the other Parties' use of the City Property for access to <br /> the Carveout Area during the course of remedial activity on the Carveout Area. <br /> 4.3. Indemnification. The other Parties shall indemnify, defend and hold harmless the <br /> City against all third party claims, damages, losses and expenses, including reasonable attorneys' <br /> fees, arising out of or resulting from the other Parties' use of the City Property for access to the <br /> Carveout Area during the course of remedial activity. <br /> ARTICLE 5: MISCELLANEOUS <br /> 5.1 Entire A�reement. The Parties hereto acknowledge and agree that as among <br /> them, there are no terms, conditions, covenants, obligations, representations or warranties, <br /> express or implied, collateral or otherwise, forming part of or in any way affecting or relating to <br /> this Termination Agreement except as expressly set forth herein or subject to the survival <br /> provisions herein, and this Termination Agreement constitutes the entire agreement among them <br /> with respect to the final allocation of Shared Costs and Past Costs with respect to the Carveout <br /> Area under the Site Participation Agreement. <br /> 5.2 Amendment. This Termination Agreement cannot be amended, modified or <br /> supplemented in any manner except by an agreement in writing executed by each of the Parties <br /> hereto. <br /> 5 <br />