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demands of whatever nature, whether for personal injury or death of <br />employees or loss of or damage to personal property, and hereby assumes full <br />responsibility for any accident, death, dismemberment, temporary or <br />permanent disability resulting to any servants, agents or designated <br />employees as a result of the authorization granted by this Agreement. <br />(4) Buyer further agrees, to the extent allowed by law, to <br />indemnify and hold harmless Seller, its successors or assigns, from any <br />liability, costs and expenses, attorneys' fees, due to injury to or death of any <br />person or persons, whomsoever, including employees, agents or <br />representatives of the parties hereto, or third persons, or for any loss or <br />damage to property arising from or in connection with the use or occupancy <br />of Seller's property, or from ingress or egress from this Property. <br />(5) Should Buyer engage any other party to perform this work, <br />the responsibilities of Buyer will be equally applicable should any property <br />damage, injury or death occur to any person or persons as a result of actions <br />of that third party. <br />(6) Notwithstanding anything in this Paragraph 8 below to the <br />contrary, the,parties agree that both Corrigan and the District have <br />previously received and been provided a Phase I Environmental Site <br />Assessment of the Property under previously contemplated transactions, and <br />the parties agree to be reasonable in their review of any new Environmental <br />Assessments and not object to matters shown therein unless the same are <br />new matters that did not appear in the prior Assessments. <br />(C) Pryor to the closing date, a Phase I Environmental Site <br />Assessment of Parcel I of the Property may be completed by the Buyer, The <br />Assessment shall be addressed to the Buyer or shall be certified as being for <br />the benefit of the Buyer as well as the Seller, entitling Buyer to rely on the <br />report to the same extent as the Seller. Any subsequent amendments and/or <br />reports relating to the property shall also be for the benefit of and delivered <br />to the Buyer. The District has provided to Corrigan a Phase I Environmental <br />Site Assessment, which said site assessment was previously performed on <br />Parcel 2. Corrigan agrees to close on the exchange based upon that report. <br />If the Level I Environmental Audit reveals areas of environmental concern <br />that warrant further investigation, the Buyer may, with Seller's consent, or <br />Seller may commence an appropriate Phase II Environmental Assessment <br />within 30 days of receipt of the Phase I Environmental Audit, utilizing <br />methods and access accommodations as provided in Section 7(B)(1) of this <br />Agreement. The Seller shall participate with Buyer in the development of <br />the objectives of the Environmental Assessment(s) and any subsequent <br />environmental surveys that may be necessary in defining the scope of the <br />issues to be addressed in such reports, In the event Seller fails to consent to <br />Buyer obtaining the Phase 11 Assessment, or fails to obtain its own Phase II <br />Assessment, Buyer may terminate this Agreement and have no further <br />obligations hereunder. <br />EM <br />