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ilk person occurring at or about or resulting from any defect in the Development to the extent not
<br /> attributable to the gross negligence or intentional misconduct of the Indemnified Parties.
<br /> (b) Except for gross negligence or intentional misconduct of the Indemnified Parties,
<br /> the Developer agrees to indemnify the Indemnified Parties, now and forever, and further agrees
<br /> to hold the aforesaid harmless from any claims, demands, suits, costs, expenses (including
<br /> reasonable attorneys' fees) actions or other proceedings whatsoever by any person or entity
<br /> whatsoever arising or purportedly arising from the actions or inactions of the Developer (or if
<br /> other persons acting on its behalf or under its direction or control) under this Agreement, or the
<br /> transactions contemplated hereby or the acquisition, construction, installation, ownership, and
<br /> operation of the Development; including, without limitation, any claim by a land owner or tenant
<br /> located on the Development Property to be entitled to Relocation Costs and Expenses; provided,
<br /> that this indemnification shall not apply to the warranties made or obligations undertaken by the
<br /> City in this Agreement.
<br /> (c) Except as set forth in Section 3.2, the City makes no warranties or representations
<br /> regarding, nor does it indemnify the Developer with respect to, the existence or nonexistence on
<br /> or in the vicinity of the Development Property or anywhere within the Tax Increment District of
<br /> any toxic or hazardous substances or wastes, pollutants or contaminants (including, without
<br /> limitation, asbestos, urea formaldehyde, the group of organic compounds known as
<br /> polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various
<br /> constituents of such products, or any hazardous substance as defined in the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§
<br /> • 961-9657, as amended) (collectively, the "Hazardous Substances"). The foregoing disclaimer
<br /> relates to any Hazardous Substance allegedly generated, treated, stored, released or disposed of,
<br /> or otherwise placed, deposited in or located on or in the vicinity of the Development Property or
<br /> within the Tax Increment District,as well as any activity claimed to have been undertaken on or
<br /> in the vicinity of the Development Property that would cause or contribute to causing (1) the
<br /> Development Property to become a treatment, storage or disposal facility within the meaning of,
<br /> or otherwise bring the Development Property within the ambit of, the Resource Conservation and
<br /> Recovery Act of 1976 ("RCRA"), 42 U.S.C. § 691 et seq., or any similar state law or local
<br /> ordinance, (2) a release`or threatened release of toxic or hazardous wastes or substances,
<br /> pollutants or contaminants, from the Development Property within the meaning of, or otherwise
<br /> bring the Development Property within the ambit of, CERCLA, or any similar state law or local
<br /> ordinance, or (3) the discharge of pollutants or effluents into any water source or system, the
<br /> dredging or filling of any waters or the discharge into the air of any emissions,that would require
<br /> a permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., or any similar
<br /> state law or local ordinance. Further, the City makes no warranties or representations regarding,
<br /> nor does the City indemnify the Developer with respect to, the existence or nonexistence on or in
<br /> the vicinity of the Development Property or anywhere within the Tax Increment District of any
<br /> substances or conditions in or on the Development Property that may support a claim or cause of
<br /> action under RCRA, CERCLA or any other federal, state or local environmental statutes,
<br /> regulations, ordinances or other environmental regulatory requirements, including without
<br /> limitation, the Minnesota Environmental Response and Liability Act, Minnesota Statutes,
<br /> Chapter 115C. The City makes no representations or warranties regarding the existence of any
<br /> above ground or underground tanks in or about the Development Property, or whether any above
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