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<br />Statutes from all loss, cost or expense, including, but not limited to, reasonable attorneys' fees and court <br /> <br />costs resulting. from Buyers' Due Diligence Investigations in connection with the Property. <br /> <br />Notwithstanding anything contained herein to the contrary, Buyers shall not indemnify or hold Seller <br /> <br />harmless with respect to, and Buyers shall not be required to, remove, remediate, dispose or otherwise <br /> <br />deal with any "Hazardous Substance" (as hereinafter defined), samplings derived from the Property or <br /> <br />property containing Hazardous Substances which it finds in connection with its Due Diligence <br /> <br />Investigations of the Property. In the event the transaction does not close, Buyers will, upon written <br /> <br />request, provide Seller all work product and information during due diligence at no cost or expense to <br /> <br />Seller. <br /> <br />Within ten (10) business days of the Effective Date, Seller shall deliver to Buyers hardcopies of <br /> <br />any surveys, engineering reports, inspections reports and environmental studies, if any, which Seller has <br /> <br />in its possession for Buyers' review. Additionally, Seller shall provide Buyers such other <br /> <br />documentation as Buyers may reasonably request with respect to the Property. Seller shall only provide <br /> <br />the foregoing reports to the extent Seller has same in its possession. <br /> <br />This provision shall survive Closing. <br /> <br />20. Cooperation. During the development of the Project, the City, to the extent permitted by law, <br /> <br />shall cooperate and assist Buyers in the applications for and processing of any and all other development <br /> <br />approvals with respect to the development of the Project (including, without limitation, any building <br /> <br />permit requested by the Buyers) as may be required to allow the construction of the Project requested by <br /> <br />the Buyers as long as and to the extent that the Project is consistent with the terms of this Agreement and <br /> <br />as long as such cooperation and assistance does not include the exercise of the City's police power or <br /> <br />arise out of the exercise of the City's powers when acting in a quasi-judicial capacity. The City will <br /> <br />process the Site Plan application in a timely fashion; provided, however, nothing contained herein sh II <br /> <br />12 of 17 <br /> <br /> <br />tvl1 <br /> <br />1"'.1'''', <br />I\,\:! J.: <br />\.,.;' J ;~) <br />