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lest wages, business income, profits or other ec onorudc loss, damage to the natural resource or
<br />the environment, nuisance} contamination, leak, spill, release or other adverse effect on the
<br />environment with respect to the applicable Phase of the Site.
<br />206.9 Agency Environmental Indemnity. Upon the Closing, Agency agrees to
<br />indemnify, defend and hold Developer and the Developer Parties harmless from and against an
<br />claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
<br />damage, or expense (including, without limitation, attorneys' fees) resulting from, arising out of,
<br />or based upon i the presence, release, use, generation, di h ge, storage or disposal of any
<br />Hazardous Materials in violation of Environmental Laws during the period prior to the Closing,
<br />on, under, in or about, or the transportation of any such Hazardous Materials to or from the Site,
<br />d u rind the period prior to the Closing; or (ii) the violation, or alleged violation, of any
<br />Environmental Laws relating to the presence, use, gene ration , release, d i charge, storage,
<br />disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Site
<br />during the period prior to the Closing. This indemnity shall include, without limitation, any
<br />damage, liability, fine, penalty, cost or expense arising from or out of any claim, action, suit or
<br />proceeding for personal in u including sickness, di e a or death), tang ibl or intangible
<br />property damage, compensation for lost wages, bu sines s income, profits or other economic loss,
<br />damage to the natural resource r the environment, nuisance, contamination, le alp, spill, release
<br />or other adverse affect on the environment.
<br />207. Agency c quisi Lion of Additional Properties. The Agency and the Developer
<br />acknowledge that the Agency is continuing its attempts to acquire all of the Additional Properties
<br />which it does not presently own. If and to the extent the Agency is successful in acquiring some
<br />or all of the Additional Properties forty-five 4 days prior to the i ) Closing of the applicable
<br />Portion or Phase of Phase F, or (ii) date of any submission of a Tax Credit application to T A
<br />for the Phase of the Rental Portion of the Project to which each such Additional Property relates
<br />(as shown o n the Site Map), the Agency shall send written notice thereof to Developer (the
<br />"Additional Property Notice"). Upon receipt of the ddi ti on al Property Notice, the Agency and
<br />the Developer shall negotiate in good faith to amend the Scope of Development for the Phase or
<br />Phases to which such Additional Properties relate, as well as an increase in the amount of the
<br />Agency Loan for Phase R- , to the extent such Additional Properties relates to Phase R-2. . Freya
<br />and after the date set forth on the Schedule of Performance for each Phase, the Agency shall
<br />immediately discontinue all attempts to acquire Additional Properties for such Phase and shall
<br />not send any Additional Property Notices for such Phase. The Agency Executive Director sh al l
<br />have the authority to approve the amended Scope of Development for affected Phases and the
<br />increased amount of the Agency Loan associated therewith, and any such amendments or
<br />increases shall be reflected in the Implementation Agreement(s) for the applicable Phases. The
<br />inclusion of Additional Properties for a Phase shall not revise the Purchase Price as to the
<br />applicable Phase.
<br />208. Agency Acquisition of the Segura Parcels. The Agency and the Developer
<br />acknowledge ge that the Agency has concurrently herewith approved the Segura Purchase
<br />Agreements. Developer hereby approves the condition of title and Site Condition with respect to
<br />the egu ra Parcels. In reliance on that approval, Agency agrees to use o m r i l l reasonable
<br />efforts to acquire the Segura Parcels pursuant to the Segura Purchase Agreements. Upon
<br />acquisition of the Segura Parcels by the Agency, the Segura Parcels will become a part of the
<br />D O S 1400 673 v 14/20027 -0001
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