|
14. SUCCESSORS IN INTEREST ���
<br /> This Agreement shall be binding upon and inure to the benefit of the Municipalityl'I
<br /> and the Developer to and, subject to Section 9 above, to their respective successors and assigns. �I
<br /> 15. NO JOINT VENTURE,AGENCY, OR PARTNERSHIP CREATED ,
<br /> Neither anything in this Agreement nor any acts of the Municipality and/or thell
<br /> Developer under this Agreement shall be construed by the parties or any third person to create'i
<br /> the relationship of a partnership, agency, or joint venture between them. No covenant orl
<br /> agreement contained in this Agreement shall be deemed to be the covenant or agreement of any'I
<br /> official, officer, agent, employee or attorney of the Municipality, in his or her individual�,
<br /> capacity, and neither the members of the Corporate Authorities nor any other official or
<br /> employee of the Municipality shall be liable personally under this Agreement or be subject to
<br /> any personal liability or accountability by reason of or in connection with or arising out of the',
<br /> execution, delivery and performance of this Agreement, or any failure in that connection. '
<br /> 16. INDEMNIFICATION �I
<br /> (A) Except for any claims, suits or actions caused by the intentional or negligent
<br /> acts of the Municipality or the Municipality's employees, agents, officers or contractors, and
<br /> except to the extent caused by any prior owner of the property, the Developer, and any person
<br /> claiming rights hereunder through the Developer, agrees to indemnify and defend (including the
<br /> payment of the Municipality's attorneys fees and related costs) the Municipality from and againstl
<br /> any claims, suits, or actions for death or injury to persons or damage to property ar breach ofl,
<br /> contract or any other claim or demand brought against the Municipality arising from any allegedl
<br /> claims, acts or omissions in connection with the Private Development, the Development Project,�l
<br /> the Development Area and this Agreement, whether or not suit is filed. �',
<br /> (B) In order further to induce the Municipality to enter into and accept its�
<br /> obligations and undertakings hereunder and in consideration of the foregoing and for other good',
<br /> and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to the I
<br /> extent lawful, the Developer agrees, as follows: ,
<br /> (a) Definitions. As used in this Section, certain additional terms shall have the
<br /> meanings, as follows:
<br /> "Environmental Laws" means all applicable laws, governmental rules and
<br /> regulations of any federal, state, regional or local governmental agency, including,
<br /> without limitation, all applicable federal, state and local laws, rules and regulations�
<br /> pertaining to air and water quality, hazardous waste, waste disposal and other
<br /> environmental matters, including, but not limited to, the Clean Air, Federal Waterl
<br /> Pollution Control, Solid Waste Disposal, Resource Conservation and Recovery,I
<br /> Comprehensive Environmental Response, Compensation and Liability, Illinois I,
<br /> Environmental Protection and Illinois Responsible Property Transfer Acts. '
<br /> 7 �'�
<br />
|