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<br />4.4 below) shall indemnify, defend and hold Licensor and the Licensor Group harmless
<br />from and against any Claims (as defined in Section 4.4 below) relating to any Hazardous
<br />Materials and undertake, at the City's sole cost and expense, any required environmental
<br />assessment, characterization, investigation, remediation, cleanup and detoxification of the
<br />Property resulting from the BCDC Improvements. The City's and Indemnitor's
<br />obligations under this Section 4.3 shall survive the expiration or earlier termination of this
<br />Agreement.
<br />
<br />4.4 Indemnification. The City, on its own behalf and on behalf of the
<br />Licensee Group and its officers, directors, employees, agents, consultants,
<br />representatives, invitees, engineers, contractors, subcontractors, suppliers and
<br />materialmen (collectively, "Indemnitor"), hereby agrees to indemnify, defend and hold
<br />Licensor and its constituent general partners, together with its and their respective
<br />officers, directors, shareholders, affiliates, guarantors, employees, representatives, agents,
<br />attorneys, heirs, successors and assigns (collectively, the "Indemnitee") harmless from
<br />and against any and all claims, actions, causes of action, demands, damages, liabilities,
<br />losses, judgments, expenses or costs of any kind or nature whatsoever (including, without
<br />limitation, attorneys' fees and court costs) (collectively, the "Claims") arising out of or
<br />relating to the City's development, construction and installation of the BCDC
<br />Improvements or other use of the Property, and including, without limitation, any Claims
<br />arising out of any flooding, levee breaks, violations of Laws or the cost of any
<br />assessment, characterization, investigation, remediation, clean-up and detoxification of
<br />the Property to the extent such action is caused by any of the Indemnitor as a result of or
<br />in connection with their presence upon, or performance of the BCDC Improvements or
<br />any other work on the Property, the breach of any representation or covenant under this
<br />Agreement, or the City's failure to repair or cause the repair of the Property pursuant to
<br />the terms set forth in Section 8 below. The City's indemnification and defense
<br />obligations under this Section 4.4 shall not be limited by the amount of available
<br />insurance proceeds under Section 3.3 above. The City's and Indemnitor's obligations
<br />under this Section 4.4 shall survive the expiration or earlier termination or revocation of
<br />this Agreement.
<br />
<br />4.5 Mechanic's Liens, Removal of Liens. The City shall, at all times,
<br />keep ,the Property free and clear of all design professionals, mechanic's or materialman's
<br />liens and all other claims or liens relating to the BCDC Improvements. In the event that
<br />there is filed and/or recorded against the Property, any design professional's, .mechanic's
<br />or materialman's lien, or any other claim or lien relating to the performance of the BCDC
<br />Improvements, the City shall cause such claim or lien to be released and removed, within
<br />thirty (30) days of such filing and/or recording, either by satisfaction or by the posting of
<br />a release bond in the amount required by statute. In the event the City fails to remove any
<br />such claim or lien within the required time period, such inaction shall constitute a
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