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obligations that may arise from the presence of any "contamination" on, in or
<br />about the Premises. Further, Contractor and all entitles claiming by, through or
<br />under the Contractor, releases and discharges the City, from any claim, demand,
<br />or cause of action arising out of or relating to the Contractor's use, handling,
<br />storage, release, discharge, treatment, removal, transport, decontamination,
<br />cleanup, disposal and/or presence of any hazardous substances including
<br />asbestos on, under, from or about the Premises. The Contractor shall have no
<br />liability for any pre-existing claims or "contamination" on the Premises.
<br />The Contractor shall not use, handle, store, discharge, treat, remove, transport,
<br />or dispose of Hazardous Substances including asbestos at, in, upon, under, to or
<br />from the Premises until receipt of instructions from the City. At such time, a City
<br />approved Change Order, which shall not include any profit, shall authorize the
<br />Contractor to perform such services.
<br />The Contractor shall immediately deliver to the Project Manager complete copies
<br />of all notices, demands, or other communications received by the Contractor
<br />from any governmental or quasi -governmental authority or any insurance
<br />company or board of fire underwriters or like or similar entities regarding in any
<br />way alleged violations or potential violations of any Environmental Law or
<br />otherwise asserting the existence or potential existence of any condition or
<br />activity on the Premises which is or could be dangerous to life, limb, property, or
<br />the environment.
<br />For other and additional consideration, the Contractor hereby agrees, at its sole
<br />cost and expense, to indemnify and protect, defend, and hold harmless the City
<br />and its respective employees, agents, officials, officers, representatives,
<br />contractors, subcontractors, successors, and assigns from and against any and
<br />all claims, demands, losses, damages, costs, expenses, including but not limited
<br />to mitigation, restoration, and natural restoration expenses, liabilities,
<br />assessments, fines, penalties charges, administrative and judicial proceedings
<br />and orders, judgments, causes of action, in law or in equity, remedial action
<br />requirements and/or enforcement actions of any kind (including, without
<br />limitation, attorneys' fees and costs) directly or indirectly arising out of or
<br />attributable to, in whole or in part, the Contractor's use, handling, storage,
<br />release, threatened release, discharge, treatment, removal, transport,
<br />decontamination, cleanup, disposal and/or presence of a Hazardous Substance
<br />(excluding asbestos) on, under, from, to or about the Premises or any other
<br />activity carried on or undertaken on or off the Premises by the Contractor or its
<br />employees, agents or subcontractors, in connection with the use, handling,
<br />storage, release, threatened release, discharge, treatment, mitigation, natural
<br />resource restoration, removal, transport, decontamination, cleanup, disposal
<br />and/or presence or any Hazardous Substance including asbestos located,
<br />transported, or present on, undue, from, to, or about the Premises. This
<br />indemnity is intended to be operable under 42 U.S.C. sections 9607, as
<br />amended, and any successor section.
<br />CAM 20-0192
<br />C-16 EXHIBIT 3
<br />Page 16 of 46
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