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4. When Vulcan has terminated its Operations and has ceased extracting sand <br /> and gravel from Lagoon #4, both of which events will occur no later than December 31, <br /> 1996, Vulcan intends to transfer title to Vulcan's Property to the City. <br /> 5. In consideration of the right to come onto Vulcan's Property, the City agrees <br /> to the following: <br /> a. The City will indemnify and hold Vulcan harmless from and against all <br /> claims, costs, e�enses, losses and liabilities of any nature whatsoever, including attorneys' <br /> fees and e�enses, based upon or arriving from any liability or obligation which arises from <br /> or is related to the City's use or occupancy of Vulcan's Property. <br /> b. In its use and occupancy of Vulcan's Property, the City will observe <br /> such standards of operation and conduct as are (i) requisite to avoid conditions which may <br /> be hazardous to employees of Vulcan or to third parties and (ii) requisite to prevent the <br /> release of air, soil and surface and subsurface water contaminants or matter which is, or may <br /> be, hazardous or offensive to employees of Vulcan or to third parties. <br /> c. In its use and occupancy of Vulcan's Property, the City will comply with <br /> all applicable laws, and will not create any condition which would be subject to redress or <br /> corrective action under the same. <br /> d. The City will comply with all applicable worker's compensation statutes <br /> and be responsible for ensuring that all subcontractors comply therewith; further, the City <br /> hereby waives subrogation of such claims against Vulcan. <br /> e. The City, through its Risk Manager, will provide such reasonable <br /> assurances as are deemed necessary by Vulcan that the City, through its self-insurance <br /> program, can provide coverage for claims submitted related to the City's activities provided <br /> for herein. Any immunity which the City might otherwise enjoy with respect to Vulcan shall <br /> not apply with respect to this paragraph. <br /> 6. In consideration of the right to come onto the City's Property, Vulcan agrees <br /> to the following: <br /> a. Vulcan will indemnify and hold the City harmless from and against all <br /> claims, costs, e�cpenses, losses and liabilities of any nature whatsoever, including attorneys' <br /> fees and expenses, based upon or arriving from any liability or obligation which arises from <br /> or is related to Vulcan's use or occupancy of the City's Property. <br /> b. Vulcan will keep the City currently informed of any hazardous materials <br /> which it may bring onto the City's Property and Vulcan will remove any of such hazardous <br /> ' ' r fr in from brin in additional hazardous materials <br /> materials from the Crty s Property and e a g g <br /> onto the City's Property upon reasonable prior request from the City. <br /> 2 <br />