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<br /> and specifically includes, without limitation, any material or substance which is (a designated as a
<br /> "hazardous substance"pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C.
<br /> Sections 1251 et seq. (33 U.S.C. Section 1321), (b) defined as a "hazardous waste" pursuant to j
<br /> Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 'Sections 6901 et I
<br /> seq. (42 U.S.C. Section 6903), (c) defined as a "hazardous substance" pursuant to Section 101 of the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42
<br /> U.S.C. Sections 9601 et seq., (d)petroleum, or(e) asbestos.
<br /> (j} Permits. RCFC, BIA and KHI individually and collectively represent and warrant
<br /> that all governmental or other permits required to proceed with the acquisition, construction and
<br /> installation of the Improvements have been or will be obtained in a timely manner and all fees
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<br /> relating thereto have been or will be paid in a timely manner. RCFC, B 1 A and KHI individually and
<br /> collectively represent and warrant further that there is no material impediment to the Developer's
<br /> proceeding with and completing the acquisition, construction and installation of the Improvements or
<br /> to the development of the District Property as contemplated by the Developer.
<br /> 7. Indemnification. The Developer agrees to protect, indemnify, defend and hold the
<br /> County and its officers, employees and agents, and each of them, harmless from and against any and
<br /> all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney's fees, and court
<br /> costs which the County or its respective officers, employees and agents, or any combination thereof,
<br /> may suffer or which may be sought against or recovered or obtained from the County or its
<br /> respective officers, employees or agents, or any combination, thereof as a result of or-by reason of or
<br /> arising out of or in consequence of(a)the acquisition, construction, installation or financing of the
<br /> Improvements, (b)the untruth or inaccuracy or any representation or warranty made by the
<br /> Developer in this Agreement, (c) any act or omission, negligent or otherwise, of the Developer or any
<br /> of its subcontractors, agents or anyone who is directly employed by or acting in connection with the
<br /> Developer or any of its subcontractors, or agents, in connection with the Improvements, or (d)this j
<br /> Agreement. If the Developer fails to do so, the County shall have the right, but not the obligation, to
<br /> defend the same and charge all of the direct or incidental costs of such defense, including any
<br /> attorneys fees or court costs, to and recover the same from the Developer. Notwithstanding the
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<br /> foregoing, no indemnification is required to be paid by the Developer for any claim, loss or expense j
<br /> arising from the willful misconduct or sole negligence of the indemnified party. The provisions of I
<br /> this Section shall survive the termination of this Agreement.
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<br /> 8. Developer Responsibilities. The Developer acknowledges that itis represented by
<br /> its own separate legal counsel in regard to the proceedings for the formation of the District, the levy 3
<br /> of the Special Tax, the authorization and issuance of the Bonds, the negotiation of this agreement,
<br /> and the process of constructing and installing the Improvements. The Developer accepts
<br /> responsibility for and shall be responsible for identification of and for compliance with all applicable
<br /> laws pertaining to constructing and installing the Improvements and the contract or contracts
<br /> pertaining thereto. Notwithstanding the requirements of this Agreement, the County makes no
<br /> representation as to the applicability or inapplicability of any such laws. This paragraph shall apply
<br /> with respect to any enforcement action, whether public or private, and whether brought by a public
<br /> enforcement agency or by private civil litigation, against the Developer or the County or both with
<br /> respect to the matters addressed by this paragraph.
<br /> 9. Special Tax Levy. In order to assure the highest possible level of'accuracy in the
<br /> annual levy of the Special Tax, the Developer agrees that it will cooperate with the CFD
<br /> Administrator (as defined in the RMA) in determining the proper classifications of the Developer's
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