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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 1 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 /> 6 <br /> 448 <br />