R2002-192 AUTHORIZING DEVELOPMENT AGREEMENT

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of Pre-Existing Environmental Conditions or Hazardous Materials from which such liability or claims would not have arisen but for the negligence of the Developer, its General Contractor(s), Contractors and subcontractors. Developer may not seek from the City contribution or other applicable relief related to the DHA Parcels. For purposes of this Agreement, negligence is the failure to comport with normal and customary business practices.The City's and the DHA's liability and obligations in regard to the foregoing provisions of this Section 5.8.4 are several and expressly not joint; accordingly,the City shall have no obligation or liability in regard to any matter associated with the DHA Parcels. The City's liability and obligation under this Section 5.8.4 is subj ect to,and limited by, the provisions of Article 3. 5.9 Environmental Assurances. If Developer or an Owner Entity becomes liable under any Environmental Law or contractually under this Agreement with respect to any Hazardous Material on or after the date the Developer and/or Owner Entity receive Title to the property in question, and not due to any Pre-Existing Environmental Condition,subject to the terms of Sections 3.1.2 and 4.1.2,then Developer and/or Owner Entity shall indemnify and hold harmless DHA and/or the City for any and all costs,expenses(including reasonable attorneys' fees),damages,or liabilities to the extent that DHA and/or the City(as applicable)is required to discharge such costs,expenses, damages, or liabilities in whole or in part from any source. The foregoing indemnification shall survive the termination of this Agreement or the dissolution of the Owner Entity and/or death, retirement, incompetency,insolvency,bankruptcy,or withdrawal of a general partner of the Owner Entity. This indemnification shall include, but is not limited to the costs and expenses (including reasonable attorneys' fees)of the removal of any liens affectin�any property of the indemnitee as a result of such legal action. DHA and/or the City remain responsible for any Pre-Existing Environmental Conditions subject to the terms of Sections 3.1.2 and 4.1.2. Notwithstanding any of the foregoing provisions of this Section 5.9, the only liability or obligation of the City hereunder shall be that which is expressly imposed upon the City as set forth in Article 3. 5.10 Insurance Requirements. Developer shall cause the General Contractor to submit evidence of insurance coverage to Developer, DHA and the City with appropriate certificates of insurance or policies of the insurance evidencing such insurance in accordance with this Agreement the requirements in the DHA Financing Documents and requirements described in this Section 5.10. All policies of insurance shall: (a)be written with a company authorized and licensed to do business in the State of Illinois and having an"A. M. Best"rating of at least"A-"; (b) include the Decatur Housing Authority and the City as an additional insured or loss payee,as applicable and as its interest shall appear. Developer shall cause the General Contractor to submit evidence of renewals of its insurance coverage to DHA and the City at least thirty (30) days prior to the expiration of any policy or policies. In the event that Developer or its licensed professional(s) fail or refuse to renew any insurance policy required to be maintained in this Section 5.10, or if such a policy is canceled or modified in a manner not permitted in this Section 5.10, such action shall constitute an event of default if not cured within sixty (60) days after notification of such default by DHA or any other Party. DHA shall purchase insurance on behalf of said Parties concurrently with the occurrence of such event of default, and Developer shall promptly reimburse DHA for the cost of the premiums. Decatur Housing Authority Near North Impact Area Development Agreement Page 27