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c. Review existing public data,including environmental reports in the City's
<br /> possession;
<br /> Pulte hereby covenants and agrees that it shall cause all studies,investigations and inspections
<br /> performed at the Property to be performed in a manner that does not disturb the Property and that
<br /> that the Property shall be returned to its original condition after Pulte's entry,provided that Pulte
<br /> shall not be responsible for any existing conditions on the Property or for any environmental
<br /> remediation or response actions required as a result of such investigations and inspections.
<br /> Except for soil borings,Pulte shall not conduct or cause to be conducted any physically intrusive
<br /> investigation, examination or study of the Property(any such investigation, examination or study
<br /> hereinafter an"Intrusive Investigation") as part of its inspection or otherwise without obtaining
<br /> the prior written consent of the City. For the purposes of this Agreement, "Intrusive
<br /> Investigation"shall mean any investigation, examination or study that disturbs or disrupts the
<br /> property,including,but not limited to,grading,but not including soil borings. Pulte and Pulte's
<br /> Representatives shall,in performing its inspection, comply with any and all applicable laws,
<br /> ordinances,rules, and regulations. Except to the extent required by any applicable statute,law,
<br /> regulation or governmental authority,neither Pulte nor Pulte's Representatives shall report the
<br /> results of the inspection or any Intrusive Investigation to any governmental or quasi-
<br /> governmental authority without first obtaining City's written consent, which consent may be
<br /> withheld in City's sole discretion. Upon expiration of the Term,Pulte,upon City's request, shall
<br /> provide City with copies of any and all final,third party reports prepared on behalf of Pulte as
<br /> part of the inspection without any representation or warranty regarding the accuracy thereof.
<br /> Pulte and Pulte's Representative,who enter the site, shall: (a)maintain comprehensive general
<br /> liability(occurrence)insurance in an amount of not less than$2,000,000 covering any accident
<br /> arising in connection with the presence of Pulte and Pulte's Representatives at the Property and
<br /> the performance of any investigations, examinations or studies thereon, and shall deliver a
<br /> certificate of insurance(in form and substance reasonably satisfactory to City),naming City as
<br /> an additional insured thereunder,verifying the existence of such coverage to City prior to entry
<br /> upon the Property; and(b)promptly pay when due any third party costs associated with its
<br /> inspection.
<br /> Pulte shall, at Pulte's sole cost,restore the Property to the same condition as before Pulte's entry
<br /> for inspection or any Intrusive Investigation;provided that Pulte shall not be responsible for any
<br /> existing conditions or environmental remediation or response actions required as a result of
<br /> existing conditions or such entry,inspection or Intrusive Investigation.
<br /> Pulte hereby indemnifies,protects,defends and holds City,its elected and appointed officials,
<br /> employees, officers, directors and agents(collectively the"City Indemnified Parties")harmless
<br /> from and against any and all losses, damages, claims, causes of action,judgments,damages,
<br /> costs and expenses(including reasonable attorneys' fees and court costs) (collectively"Losses")
<br /> that City or any City Indemnified Parties suffer or incur as a result of,or connected or related in
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