Township Council Meeting — Agenda

through certain property of the Seller for the purpose of providing egress and ingress to certain parking spaces to be used as part of the Project (“Parking Space Easement”). The parties recognize that mutual indemnification provisions shall be provided for in said easement agreements. Accordingly, Paragraph 7 shall be amended and supplemented to state the following: 7. Closing Deliverables. At the Closing, the Seller shall deliver the following to the Purchaser: e. an easement on, over, in upon and through certain property of the Seller for the purpose of providing egress and ingress to certain parking spaces to be used as part of the Project (“Parking Space Easement”), which shall be negotiated in good faith by the parties and include the following provision: Indemnification. Each party hereby agrees to indemnify, defend and hold harmless the other Party, its successors and assigns, its officers, contractors, agents, employees, servants or any of them, from and against any and all losses, damages, suits, claims, fines, penalties, costs and expenses whatsoever (including death and defense of any such claims), which it, they or any of them may directly or indirectly suffer, sustain, or be subject to, (or be held liable for) in any way arising from, connected with or growing out of this Agreement, as a result of the negligence of the indemnifying Party, its successors, contractors, assigns and any other users or beneficiaries of this Agreement. At the Closing, the Purchaser shall deliver the following to the Seller: e. the Easement, which shall be negotiated in good faith by the parties and include the following provision: Indemnification. Each party hereby agrees to indemnify, defend and hold harmless the other Party, its successors and assigns, its officers, contractors, agents, employees, servants or any of them, from and against any and all losses, damages, suits, claims, fines, penalties, costs and expenses whatsoever (including death and defense of any such claims), which it, they or any

inst any and all losses, damages, suits, claims, fines, penalties, costs and expenses whatsoever (including death and defense of any such claims), which it, they or any of them may directly or indirectly suffer, sustain, or be subject to, (or be held liable for) in any way arising from, connected with or growing out of this Agreement, as a result of the negligence of the indemnifying Party, its successors, contractors, assigns and any other users or beneficiaries of this Agreement. -3-