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<br />or underground tanks have been located under, in or about the Development Property and have <br />subsequently been removed or filled. <br /> <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 /> <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 />1674205v8 <br /> <br />40 <br />