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<br />34 <br />Westview House <br />City Rental Rehabilitation Program Loan Agreement <br />including the environmental site assessments prepared on behalf of Developer and <br />delivered to the City, Developer has no knowledge: (a) of the presence on, under or about <br />the Property, now or in the past, of any Hazardous Materials in violation of applicable law, <br />or of the transportation to or from the Property of any Hazardous Materials; (b) that <br />asbestos or polychlorinated biphenyls (PCBs) are contained in or stored on the Property; <br />or, (c) that there are any underground storage tanks located in, on or under the Property. <br />14.2. Compliance with Environmental Laws. Developer shall: (a) comply with <br />all environmental laws and environmental permits applicable to the Construction of the <br />Property; (b) immediately pay or cause to be paid all costs and expenses incurred by reason <br />of such compliance; (c) keep the Property free and clear of any environmental claims or <br />liens imposed pursuant to any environmental law; and, (d) obtain and renew all <br />environmental permits required for ownership or use of the Property. <br />14.3. Presence of Hazardous Materials. Developer shall not, and shall not <br />permit anyone else to, generate, use, treat, store, handle, release, or dispose of Hazardous <br />Materials on the Property, or transport or permit the transportation of Hazardous Materials <br />to or from the Property except for de minimis quantities used at the Property in compliance <br />with all applicable environmental laws and required in connection with the routine <br />construction, operation and maintenance of the Property. <br />14.4. Notice of Environmental Matters. Developer shall immediately advise <br />City in writing of any of the following: (a) any pending or threatened environmental claim <br />against Developer or the Property; (b) any condition or occurrence that: (i) results in <br />noncompliance with any applicable environmental law; (ii) could reasonably be anticipated <br />to cause the Property to be subject to any restrictions on the ownership, occupancy, use or <br />transferability of the Property under any environmental law; or, (iii) could reasonably be <br />anticipated to form the basis of an environmental claim against the Property or Developer. <br />14.5. Environmental Indemnification by the Developer. Developer agrees to <br />defend, indemnify and hold harmless the City and their respective officers, directors, <br />employees and agents (collectively the "Indemnitees") from and against any and all <br />obligations (including removal and remediation), losses, claims (including third party <br />claims), suits, judgments, liabilities, penalties, damages (including consequential and <br />punitive damages), costs and expenses (including consultants, and attorneys' fees) of <br />whatever kind or nature whatsoever that may at any time be incurred by, imposed on, or <br />asserted against the Indemnitees directly or indirectly based on, or arising or resulting from <br />the actual or alleged presence of Hazardous Materials on the Property other than arising <br />from the gross negligence, willful misconduct and/or illegal actions of any Indemnitee. <br />Section 15. OTHER AFFIRMATIVE COVENANTS <br /> <br />While any obligation of Developer under the City/Rental Rehabilitation Program <br />Loan Note or Deed of Trust remain outstanding, the following provisions shall apply, <br />except to the extent that the Executive Director otherwise consents in writing: <br /> <br />15.1. Existence. Developer’s Managing General Partner shall maintain its <br />EXHIBIT 5