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portion of the Site. Notwithstanding the foregoing, the termination of this Agreement pursuant
<br />to this Section 4 with respect to any Phase will not result in the termination of the Agreement
<br />with respect to any other portion of the Site already Conveyed to the Developer.
<br />The Developer acknowledges that it is aware of and familiar with the provisions
<br />of Section 1542 of the California Civil Code which provides as follows:
<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
<br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME
<br />OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
<br />MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
<br />The Developer waives and relinquishes all rights and benefits which it may have
<br />under Section 1542 of the California Civil Code.
<br />5 Upon the Closing of any Phase, the Developer shall take all reasonable
<br />precautions to prevent the release into the environment of any Hazardous Materials in violation
<br />of law which are located in, on or under the portion of the Site associated with the Agency
<br />Parcels. Such precautions shall include compliance with all Governmental Requirements with
<br />respect to Hazardous Materials. In addition, the Developer shall install and utilize such
<br />equipment and implement and adhere to such procedures as are consistent with commercially
<br />reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous
<br />Materials.
<br />6. Following delivery and recordation of this Grant Deed, the Developer shall notify
<br />the Agency, and provide to the Agency a copy or copies, of all environmental permits,
<br />disclosures, applications, entitlements or inquiries relating to the portion of the Agency Parcels,
<br />including notices of violation, notices to comply, citations, inquiries, clean-up or abatement
<br />orders, cease and desist orders, reports filed pursuant to self-reporting requirements and reports
<br />filed or applications made pursuant to any Governmental Requirement relating to Hazardous
<br />Materials and underground tanks. The Developer shall report to the Agency, as soon as possible
<br />after each incident, any unusual or potentially important incidents with respect to the
<br />Environmental Condition of the portion of the Site included within the Agency Parcels.
<br />In the event of a release of any Hazardous Materials into the environment in
<br />violation of law, the Developer shall, as soon as possible after the release, furnish to the Agency
<br />a copy of any and all reports relating thereto and copies of all correspondence with governmental
<br />agencies relating to the release. Upon request, the Developer shall furnish to the Agency a copy
<br />or copies of any and all other environmental entitlements or inquiries relating to or affecting the
<br />Agency Parcels including, but not limited to, all permit applications, permits and reports
<br />including, without limitation, those reports and other matters which may be characterized as
<br />confidential.
<br />7. Upon the Closing, Developer agrees to indemnify, defend and hold Agency
<br />harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability,
<br />deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorney's
<br />fees), resulting from, arising out of, or based upon the Site Condition, including without
<br />ATTACHMENT NO. 3-4
<br />DOCSOC/ 1400G73v 141200272-0001
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