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<br />of 1986, the Resource Conservation and Recovery Act, the Clean
<br />Water Act, the Clean Air Act, the Toxic Substance Control Act or
<br />any so-called ~Superfund" or ~Superlien" law or any other
<br />Environmental Law, as now in effect. As used herein
<br />~Environmental Law" shall mean any federal, state or local
<br />statutes, laws, ordinances, codes, regulations, rules, orders,
<br />actions, policies or decrees regulating, relating to or imposing
<br />liability or standards of conduct concerning any environmental
<br />matters, including, but not limited to, matters relating to air
<br />pollution, water pollution, noise control or Hazardous Materials.
<br />Each of the City and Ryland and the Indemnitor (as defined in
<br />Section 4.4 below) shall jointly indemnify, defend and hold
<br />Licensor and the Licensor Group harmless, on a several but not a
<br />joint basis, from and against any Claims (as defined in Section
<br />4.4 below) relating to any Hazardous Materials and undertake, at
<br />Licensees' sole cost and expense, any required environmental
<br />assessment, characterization, investigation, remediation, clean-
<br />up and detoxification of the Property resulting from the
<br />Mitigation Work. Licensees' and Indemnitor's obligations under
<br />this Section 4.3 shall survive the expiration or earlier
<br />termination of this Agreement.
<br />
<br />4.4 Indemnification. Each of the City and Ryland, on
<br />its own behalf and on behalf of the Licensee Group and its own
<br />respective officers, directors, employees, agents, consultants,
<br />representatives, invitees, engineers, contractors,
<br />subcontractors, suppliers and materialmen (collectively,
<br />"Indemnitor"), hereby agrees on a several (but not a joint) basis
<br />to indemnify, defend and hold Licensor and its constituent
<br />general partners, together with its and their respective
<br />officers, directors, shareholders, affiliates, guarantors,
<br />employees, representatives, agents, heirs, successors and assigns
<br />(collectively, the "Indemnitee") harmless from and against any
<br />and all claims, actions, causes of action, demands, damages,
<br />costs, liabilities, losses, judgments, expenses or costs of any
<br />kind or nature whatsoever (including, without limitation,
<br />attorneys' fees and court costs) (collectively, the ~Claims")
<br />arising out of or relating to the City's or Ryland's (as the case
<br />may be) performance and maintenance of the Mitigation Work or
<br />other use of the Property, and including, without limitation, any
<br />Claims arising out of violations of Laws or the cost of any
<br />assessment, characterization, investigation, remediation, clean-
<br />up and detoxification of the Property to the extent such action
<br />is caused by any of the Indemnitor as a result of or in
<br />connection with their presence upon, or performance of the
<br />Mitigation Work or any other work on the Property, the breach of
<br />any representation or covenant under this Agreement, or
<br />Licensees' failure to repair or cause the repair of the Property
<br />
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