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6.B. - Page 22 of 113
<br />otherwise knowingly permit the presence or release of Hazardous Material in, on, under,
<br />about or from the Property with the exception of limited amounts of cleaning supplies and
<br />other materials customarily used in construction, rehabilitation , use or maintenance of
<br />residential properties similar in nature to the Project, and used, stored and disposed of in
<br />compliancc with Environmcntal Laws.
<br />(2) During all times that Developer owns the Property, Developer shall keep
<br />and maintain the Property and each portion thereof in compliance with, and shall not cause
<br />or permit the Project or the Property or any portion of either to be in violation of, any
<br />Environmental Laws.
<br />(3) Upon receiving actual knowledge of the same, Developer shall
<br />immediately advise City in writing of: (i) any and all enforcement, cleanup, removal or
<br />other governmental or regulatory actions instituted , completed or threatened against the
<br />Developer, or the Property pursuant to any applicable Environmental Laws; (ii) any and
<br />all claims made or threatened by any third party against the Developer or the Property
<br />relating to damage, contribution, cost recovery, compensation, loss or injury resulting from
<br />any Hazardous Material; (iii) the presence or release of any Hazardous Material in, on,
<br />under, about or from the Property; or (iv) Developer' s discovery of any occurrence or
<br />condition on any real property adjoining or in the vicinity of the Project to become subject
<br />to the provisions of California Health and Safety Code, Sections 25220 et seq., or any
<br />regulation adopted in connection therewith, that may in any way affect the Property
<br />pursuant to any Environmental Laws or cause it or any part thereof to be subject to such
<br />Section 25220. The matters set forth in the foregoing clauses (i) through (iv) are hereinafter
<br />referred to as "Hazardous Materials Claims." The City shall have the right to join and
<br />participate in, as a party if it so elects, any legal proceedings or actions initiated in
<br />connection with any Hazardous Materials Claim.
<br />(4) Without the City' s prior written consent, which shall not be unreasonably
<br />withheld or delayed, Developer shall not take any remedial action in response to the
<br />presence of any Hazardous Material in, on, under, or about the Property (other than in
<br />emergency situations or as required by governmental agencies having jurisdiction in which
<br />case the City agrees to provide its consent), nor enter into any settlement agreement,
<br />consent decree, or other compromise in respect to any Hazardous Materials Claim. City
<br />shall have the right to j oin and participate in, as a party if it so elects, any legal proceedings
<br />or actions initiated in connection with any Hazardous Materials Claims and to have its
<br />reasonable attorneys' fees in connection therewith paid by Developer.
<br />7.2 Environmental Indemnity. To the greatest extent allowed by law, Developer shall
<br />indemnify, defend (with counsel reasonably approved by City) and hold the Indemnitees harmless
<br />from and against all Claims resulting, arising, or based directly or indirectly in whole or in part,
<br />upon (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous
<br />Material on, under, in or about the Property, or the transportation of any such Hazardous Material
<br />to or from, the Property during the Developer's ownership of the Property or part thereof, or (ii)
<br />the failure of Developer, Developer ' s employees, agents, contractors, subcontractors, or any
<br />person acting on behalf of or as the invitee of any of the foregoing to comply with Environmental
<br />Laws, except to the extent caused by the City' s gross negligence or willful misconduct. The
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<br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 18 of 109)
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