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<br />(b) Reports and Appraisals. City shall provide Steadfast with any and <br />all appraisals, reports, and results of any investigations that are in City's possession and control, <br />including, but not limited to, any and all enviromnental audits in City's possession and control, <br />as of the date on which this Agreement is executed. Such appraisals, reports and results shall be <br />provided to Steadfast within ten (10) days after the Execution Date. In the event that City <br />acquires additional appraisals, reports or results after the date on which this Agreement is <br />executed, City shall provide such items to Steadfast such within fifteen (15) days after City has <br />received them. <br /> <br />(c) Inspection bv Steadfast. Steadfast and its designees and consultants <br />shall have the right to enter and inspect the City Property. Steadfast shall provide City at least <br />one Business Day's prior notice to access the City Property. Such inspections may include, <br />without limitation, an enviromnental investigation (including, without limitation, subsurface <br />borings and samplings) and any and all other investigations, inspections and other due diligence <br />activities that Steadfast deems appropriate, in its sole and absolute discretion. At least one (1) <br />Business Day prior to initial entry on the City Property by Steadfast, its designees, agents, <br />employees, consultants, contractors or subcontractors, as applicable, Steadfast shall deliver to <br />City certificates or other written confirmation satisfactory to City showing that (i) Steadfast has <br />in effect a comprehensive general public liability insurance policy including, but not limited to, <br />owned and non-owned vehicle liability, personal injury, blanket contractual, broad form property <br />damage liability coverage covering any and all liability of Steadfast with respect to or arising out <br />of any work to be performed by Steadfast under this Agreement with limits of not less than One <br />Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property <br />damage liability, and (ii) City has been named as an additional insured on such insurance policies <br />(except with respect to the workers' compensation policy). Steadfast agrees that any and all <br />Inspections of the City Property shall be made at Steadfast's sole risk and without umeasonable <br />interference with City's operations. Steadfast agrees to keep the City Property free and clear of <br />any liens resulting from any such Inspections. <br /> <br />(d) Steadfast's Indemnification. Steadfast shall hold harmless, defend <br />and indemnify City from all liability, costs (including, without limitation, reasonable attorneys' <br />fees), damages and claims arising from entry and/or activities on the City Property by Steadfast, <br />its designees, agents, employees, consultants, contractors and subcontractors. Excluded from <br />this indemnification and hold harmless are any liability, costs, damage or claims (including, <br />without limitation, claims that the City Property has declined in value) which are related to <br />(A) pre-existing adverse conditions affecting the City Property, (B) the negligence or willful <br />misconduct of City, its agents, employees and contractors, or (C) Steadfast's discovery of any <br />information potentially having a negative impact on the City Property (including, without <br />limitation, any claims arising out of, resulting from or incurred in connection with the discovery <br />of any Hazardous Materials on or about the City Property, unless such Hazardous Materials <br />arose from the entry and/or activities by Steadfast, its agents, employees and contractors). <br /> <br />8. Representations and Warranties. <br /> <br />(a) Steadfast's Representations and Warranties. Steadfast makes the <br />following representations and warranties to City, upon which warranties and representation City <br /> <br />40836735. 16 <br /> <br />9 <br />