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hereafter arising violation, actual or alleged, or any other liability, under or in connection with, any
<br /> environmental laws relating, to any products or materials previously, now or hereafter located upon,
<br /> delivered to or in transit to or from the Development Property, regardless of whether such violation or
<br /> alleged violation or other liability is asserted or has occurred or arisen prior to the date hereof or hereafter
<br /> is asserted or occurs or arises and regardless of whether such violation or alleged violation or other
<br /> liability occurs or arises, as the result of any act, omission, negligence or misconduct of the Municipality
<br /> or any third party or otherwise; (iii) any assertion by any third party of any claims or demands for any loss
<br /> or injury arising out of, relating to or in connection with any hazardous substances on or about or
<br /> allegedly on or about the Development Property; or (iv) any breach, falsity or failure of any of the
<br /> representations, warranties, covenants and agreements of the like. For purposes of this paragraph,
<br /> "hazardous materials" includes, without limit, any flammable explosives, radioactive materials, hazardous
<br /> materials, hazardous wastes, hazardous or to�cic substances, or related materials defined in the
<br /> Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42
<br /> U.S.C. §§ 9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. §§ 1801 et
<br /> seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. §§ 9601 et seq.), and in the
<br /> regulations adopted and publications promulgated pursuant thereto, or any other federal, state or local
<br /> environmental law, ordinance, rule, or regulation.
<br /> 5.15 Covenant to Comply with Applicable Laws. The Developer hereby warrants and
<br /> covenants that in performing the Development Project it will comply with all applicable laws.
<br /> 5.16 Recordable Memorandum. The Developer shall record a memorandum of this Agreement
<br /> in the office of the Macon County Recorder within one day of its execution and delivery, and the
<br /> agreements and covenants contained herein shall be a covenant running with the land that no buildings or
<br /> other structures shall be constructed on the Development Property unless in accordance with the terms
<br /> and conditions hereof, and aze binding on the heirs, successors and assignees of the Developer.
<br /> 5.17 Survival. Notwithstanding the expiration, termination or breach of this Agreement by
<br /> either party, the agreements contained in Sections 3.5 and 3.13, Article IV and Article V of this
<br /> Agreement shall, except as otherwise expressly set forth herein, survive such expiration, ternunation or
<br /> breach of this Agreement by either party, and are binding on the heirs, successors and assignees of the
<br /> Developer.
<br /> 5.18 Term. This Agreement shall be in effect upon its execution by the Municipality and the
<br /> Developer and shall terminate at the end of the longest period provided for by applicable law, unless
<br /> earlier terminated by the provisions hereof.
<br /> ARTICLE VI. REPRESENTATIONS OF THE PARTIES
<br /> 6.1 Representations of the Municipality. The Municipality hereby represents and warrants
<br /> that the Municipality has full constitutional and lawful right, power and authority, under current
<br /> applicable law, to execute and deliver and perform the terms and obligations of this Agreement, and all of
<br /> the foregoing have been or will be duly and validly authorized and approved by all necessary
<br /> Municipality proceedings, findings and actions. Accordingly, this Agreement constitutes legal, valid and
<br /> binding obligations of the Municipality, enforceable in accordance with its terms.
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