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entitlements or inquiries relating to the Property which have been conveyed to Developer, including
<br />notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and
<br />desist order, reports filed pursuant to self-reporting requirements and reports filed or applications
<br />made pursuant to any Governmental Requirement relating to Hazardous Materials and underground
<br />tanks. The Developer shall report to the Agency, as soon as possible after each incident, any unusual
<br />or potentially important incidents with respects to the environmental condition of the Property.
<br />In the event of a release of any Hazardous Materials into the environment, Developer shall,
<br />as soon as possible after the release, furnish to Agency/City a copy of any and all reports relating
<br />thereto and copies of all correspondence with governmental agencies relating to the release. Upon
<br />request, Developer shall furnish to Agency/City a copy or copies of any and all other environmental
<br />entitlements or inquiries relating to or affecting the Property including, but not limited to, all permit
<br />applications, permits and reports including, without limitation, those reports and other matters which
<br />may be characterized as confidential. Developer shall immediately advise Agency/City in writing of
<br />any of the following: (a) any pending or threatened environmental claim against Developer or the
<br />Property, (b) any condition or occurrence that (i) results in noncompliance with any applicable
<br />environmental law, (ii) could reasonably be anticipated to cause the Property to be subject to any
<br />restrictions on the ownership, occupancy, use or transferability of the Property under any
<br />environmental Law, or (iii) could reasonably be anticipated to form the basis of an environmental
<br />claim against the Property or Developer.
<br />1405. Developer Environmental Indemnity. Developer acknowledges that Developer
<br />located the Property and performed due diligence regarding the condition of the Property prior to
<br />acquiring the Property, to Developer's satisfaction and without assistance from the City or Agency.
<br />Developer hereby agrees that at Developer's expense, defend (using counsel satisfactory to Agency
<br />and City), indemnify, assume all responsibility for, and save and hold the Indemnitees harmless from
<br />and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
<br />punitive damage, or expense (including, without limitation, attorney's fees), resulting from, arising
<br />out of, or based upon (i) the release, use, generation, discharge, storage or disposal of any Hazardous
<br />Materials in violation of Environmental Laws during the period of the Developer's ownership of the
<br />Property, on, under, in or about, or the transportation of any such Hazardous Materials to or from, the
<br />Property by Developer or any of Developer Parties during the period of the Developer's ownership of
<br />the applicable Property, or (ii) the violation, or alleged violation of any Environmental Laws relating
<br />to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials
<br />on, under, in or about, to or from, the Property during the period of the Developer's ownership of the
<br />Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, cost
<br />or expense arising from or out of any claim, action, suit, or proceeding for personal injury (including
<br />sickness, disease or death), tangible or intangible property damage, compensation for lost wages,
<br />business income, profits or other economic loss, damage to the natural resource or the environment,
<br />nuisance, contamination, leak, spill, release or other adverse effect on the environment.
<br />1500. OTHER AFFIRMATIVE COVENANTS
<br />While any obligation of Developer under the Promissory Notes or Deeds of Trust remain
<br />outstanding, the following provisions shall apply, except to the extent that Executive Director
<br />otherwise consents in writing:
<br />1501. Existence. The sole member of Developer's managing general partner Orange
<br />Housing Development Corporation shall maintain its existence in good standing under the laws of
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