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the City, such unpaid obligations shall thereupon <br />reinstated and thereby become due and payable. <br /> <br />be <br /> <br /> (h) The TIF Bond shall be governed by and payable <br />pursuant to the additional terms thereof, as set forth in <br />Exhibit B. <br /> <br /> (i) Following any termination of this Agreement by the <br />City pursuant to Section 4.2 hereof, no further or unpaid <br />amounts of the TIF Bond shall then or thereafter be due and <br />payable by the City under this Section or the TIF Bond but <br />shall thereupon be extinguished. <br /> <br /> (j) As of each Payment Date, the SoftPac Lease shall <br />have been executed, delivered and in effect, and SoftPac shall <br />then be continuing to occupy the Project and to use it in its <br />manufacturing and related operations. <br /> <br />Section 3.3. Release and Indemnification Covenants. <br /> <br /> (a) The Company releases from and covenants and agrees <br />that the City and the governing body members, officers, <br />agents, including its independent contractors, consultants and <br />legal counsel, servants and employees thereof (hereinafter, <br />for purposes of this Section, collectively the "Indemnified <br />Parties") shall not be liable for and agrees to indemnify and <br />hold harmless the Indemnified Parties against any loss or <br />damage to property or any injury to or death of any person <br />occurring at, about or in connection with the Improvements, or <br />the Company's undertaking and completion thereof, or resulting <br />from any defect therein, except to the extent such loss, <br />damage or death is caused by the negligence or other wrongful <br />acts of the Indemnified Parties. <br /> <br /> (b) Except for any willful misrepresentation or any <br />willful or wanton misconduct or negligence of the Indemnified <br />Parties, the Company agrees to protect and defend the <br />Indemnified Parties, now and forever, and further agrees to <br />hold the aforesaid harmless from any claim, demand, suit, <br />action or other proceeding whatsoever by any person or entity <br />whatsoever arising or purportedly arising from this Agreement, <br />or the transactions contemplated hereby or the acquisition, <br />construction, installation, ownership, and operation of the <br />Improvements, provided, that this indemnification shall not <br />apply to the warranties made or obligations undertaken by the <br />City in this Agreement. <br /> <br /> (c) Ail covenants, stipulations, promises, agreements <br />and obligations of the City contained herein shall be deemed <br />to be the covenants, stipulations, promises, agreements and <br />obligations of the City and not of any governing body member, <br />officer, agent or employee of the City. <br /> <br />1198072.2 8 <br /> <br /> <br />