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or underground tanks have been located under, in or about the Development Property and have <br /> subsequently been removed or filled. <br /> (d) The Developer waives any claims against the City, and its Council members and <br /> officers, for indemnification, contribution, reimbursement or other payments arising under <br /> federal and state law and the common law or relating to the environmental condition of the land <br /> comprising the Development Property. <br /> Section 8.4 Limitation. All covenants, stipulations, promises, agreements and <br /> obligations of the City or the Developer contained in this Agreement shall be deemed to be the <br /> covenants, stipulations, promises, agreements and obligations of the City or the Developer, <br /> respectively, and not of any governing body member, officer, agent, servant or employee of the <br /> City or the Developer in the individual capacity thereof. <br /> • <br /> • <br /> 1674205v8 40 <br />