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(d) Indemnitv. The Developer (and all parties claiming rights hereunder through the <br /> Developer) hereby agrees to indemnify, defend and hold harmless the Municipality from and <br /> against any and all Transfer Environmental Losses and any and all claims and liabilities under <br /> Environmental Laws caused by Developer. The Developer (and all parties claiming rights <br /> hereunder through the Developer) shall pay when due any judgments or claims far damages, <br /> penalties or otherwise against the Municipality, as a result of actions by Developer, and shall <br /> assume the burden and expense of defending all suits, administrative proceedings and resolutions <br /> of any description with all persons, political subdivisions or governmental agencies arising out o <br /> the occurrences set forth in this Section. If such payment is not made, the Municipality, at its <br /> sole discretion, may file suit against the Developer (and all parties claiming rights hereunde <br /> through the Developer) to compel such payment. All funds advanced by the Municipality <br /> concerning this Section shall bear interest at a rate equal to the published prime rate in The Wall <br /> Street Journal plus 4% per annum (the "Advance Rate," which rate may change from day toi, <br /> day) from the date or dates paid until paid by the Developer (and all parties claiming rights� <br /> hereunder through the Developer). <br /> (e) Separate Obligation. The obligations of the Developer (and all parties claiming <br /> rights hereunder through the Developer) under this Section are independent of, and shall not be <br /> measured or affected by, (i) any other amounts at any time owing pursuant to this Agreement, <br /> (ii) any other obligations of the Developer (and all parties claiming rights hereunder through the <br /> Developer) hereunder, including to holder(s) of the Note, or any other agreements delivered in <br /> connection therewith, whether they relate to compliance with Environmental Laws or the use on <br /> discharge of Hazardous Substances or otherwise, (iii) the consideration given to any party in <br /> order to acquire the property subject to this Agreement, ar any portion thereof, (iv) the <br /> modification, expiration or termination of the Developer's obligations under any other document <br /> or instrument relating thereto, or (v) the discharge or repayment of any portion of any othe <br /> obligations. <br /> (� Survival. The Developer's (and all parties claiming rights hereunder through the <br /> Developer) obligations hereunder shall survive the assignment, subleasing or other transfer, <br /> encumbrancing or disposition of the property subject to this Agreement. The rights of the <br /> Municipality under this Section shall be in addition to any other rights and remedies of such <br /> Municipality against the Developer under any other document or instrument now or hereafter <br /> executed by the Developer, or at law or in equity (including, without limitation, any right of <br /> reimbursement or contribution pursuant to CERCLA), and shall not in any way be deemed a <br /> waiver of any of such rights. <br /> (g) Obligations of the Developer Payable Upon Demand. All obligations of the <br /> Developer hereunder (including (A) above) shall be payable on demand, and any amount due��, <br /> and payable hereunder to the Municipality by the Developer (and all parties claiming rightsi <br /> hereunder through the Developer) which is not paid immediately after written demand therefo <br /> from the Municipality with a reasonably detailed explanation of the amounts demanded shall <br /> bear interest from the date from the date of demand at the statutory judgment rate. <br /> 10 <br />