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this Agreement, except to the extent that any said liabilities, losses, claims,demands, or orders
<br /> may be attributed in whole or in part to the negligence, gross negligence or intentional act of
<br /> one or more of the Indemnified Parties. Equilon's indemnification obligation shall not include
<br /> direct or indirect economic loss attributable to short term business Interruptions as a result of
<br /> Equilon's activities on the Property. This indemnity shall terminate at the time the Corrective
<br /> Action Is complete as set forth in this Agreement and be of no further force or effect.
<br /> If underground or above ground storage tank systems are used for any purpose on the
<br /> Property at any time subsequent to the execution of this Agreement, then Purchaser agrees to
<br /> indemnify, defend and hold harmless Equilon, their respective parents, predecessors,
<br /> subsidiaries, affiliates, officers, directors, employees, agents, and each of their predecessors,
<br /> successors, heirs and assigns from any and all liabilities, losses, claims, demands, or orders,
<br /> including without limitation attorney's fees, litigation costs, money damages. fines or penalties,
<br /> environmental response costs, natural resource damage assessments or awards (collectively
<br /> referred to as"Liabilities"), arising out of the purchase, use, operation,maintenance, installation
<br /> or removal or abandonment of underground or above ground storage tank systems at the
<br /> Property by Purchaser or any person allowed by Purchaser to install, use, maintain, operate,
<br /> remove or abandon underground or above ground storage tank systems at the Property("Third
<br /> Party") which may be found to be contributing to or causing: a) personal injury, disease or
<br /> death; b)damage or loss to property;or c)the need for Corrective Action at the Property or any
<br /> other property, regardless of whether or not such Liabilities are caused by the sole negligence,
<br /> concurrent negligence,gross negligence,or intentional conduct of Purchaser or Third Party,and
<br /> regardless of whether or not such Liabilities are strictly imposed by operation of law with or
<br /> without fault.This indemnity shall survive the termination of this Agreement.
<br /> 11. RELEASE. In exchange for Equilon's commitments as set forth in this
<br /> Agreement, Ownerlrenant, hereby release(s), acquit(s), holds harmless and forever
<br /> discharge(s) Equilon, and its parents, predecessors, subsidiaries, affiliates, officers, directors,
<br /> employees, agents, and each of their predecessors, successors, heirs and assigns of and from
<br /> any and all claims, rights, causes of action, demands the Owner/Tenant, its/their heirs,
<br /> predecessors, successors and assigns may have whether directly or indirectly, whether accrued
<br /> in the past, present, or future, whether known or unknown, whether for damages or equitable
<br /> relief of any sort including, without limitation, claims for personal Injury, attorneys' fees,
<br /> consulting and expert fees, Corrective Action costs, diminution In the value or financiability of
<br /> the Property, loss of use or damage to the Property, loss of profits, rentals and other business
<br /> opportunity. increased development costs, and any and all other property damages and
<br /> damages to natural resources on the Property or other property owned by Ownerfrenant and
<br /> located adjacent to the Property, which could be shown to arise from the purchase, use,
<br /> operation, maintenance, installation or removal or abandonment of UST System or petroleum
<br /> hydrocarbon contamination at the Property. OWNER/ TENANT REPRESENT(S) AND
<br /> WARRANT(S) THAT [WHEY HAS/HAVE READ THIS RELEASE AND HAS/HAVE
<br /> CONSULTED ITS/THEIR ATTORNEY(S) OR HAS/HAVE HAD THE OPPORTUNITY TO
<br /> CONSULT AN ATTORNEY AND FREELY CHOSE NOT TO DO SO.
<br /> 12. ASSIGNMENT AND REIMBURSEMENT FROM TRUST FUNDS. Owner/Tenant
<br /> hereby assign(s)to Equilon any and all rights it/they may have against the applicable state and
<br /> federal fund established by the state or federal government to fund or reimburse cleanups,
<br /> assessments, remediation or satisfaction of claims at UST System sites. Owner/Tenant
<br /> agree(s)to cooperate with Equilon,including execution of additional documents, if necessary, in
<br /> obtaining any allowable reimbursement from a state and federal fund established by the state or
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