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portion of the i t . Notwithstanding the foregoing, the t n in ation of this Agreement pursuant to this Section 4 with respect to any Phase will not result i n the termination of the Agreement with respect to any other portion of the Site already Conveyed to the Developer. The Developer acknowledges that it is aware of and farnili ar with the provision of Section 1542 of the California Civil Code which provides as follows: `A GENERAL RELEASE DOES NOT EXTEND TO CLAIA4S WHICH THE CREDYI70R DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TDvIE F EXECUTING THE RELEASE, VHIH IF KNOWN BY BIM IT HAVE MATERIALLY AFFECTED IRS SETTLEMENT WITH THE DEB TOR ." The Developer waives and relinquishes all rights and benefits which it may have under Section 1 542 of the California Civil Code. Upon the Closing of any Phase, the Developer s h alil take all reasonable precautions to prevent the release into the environment of any Hazardous Materials in violation of law which are located in, on or under t h portion of the Site associated with the Agency Parcels. Such precautions shall include compli ante with all Governmental Requirements with respect to Hazardous Materials. In addition, the Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage* rise, removal and disposal of Hazardous us Materials. 6. Following delivery and recordation of this Grant Deed, the Developer shall notify the Agency, and provide to the Agency a copy or copies, of all environment 1, permits, disclosures, applications, entitlements or inquiries relating to the portion of the Agency Parcels, including notices of violation, notices to comply, citations} inquiries, clean -up or abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks. The Developer shall report to the Agency, as soon as possible after each incident* any unusual or potentially important incidents with respect to the Environmental Condition of the potion of the Site included within the Agency Parcels. In the event of a release of any Hazardous Materials into the environment in violation of law, the Developer shall, as soon as possible after the release, furnish to the Agency a copy of any and all reports relating thereto and copies of all correspondence with gov r mental agencies relating to the release. Upon request, the Developer shall furnish to the Agency a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Ag n y Parcels including, but not limited to} all permit applications, perrnits and reports includincr, without limitation, those reports and other matters which may he characterized as confidential. 7. Upon the Closing, Developer agrees to indemnify, defend and hold Agency harrnless from and against any claim, action} suit, proceeding* loss, cost, damage, liability, deficiency, fine, penalty, punitive damage} or expense (including, without limitation, attorney's fees), resulting from, arising out of, or based upon the Site Condition, in lu ding without ATTACHMENT NO. -4 ISO 0 01400673041 0027 - l