92-26 First Amendment to Redevelopment Agreement - Revised 3.3.26.pdf

4 4932-5755-6367, v. 1 remediation and reimbursement for same under a grant to the Township under the New JerseyHazardous Discharge Site Remediation Fund; and WHEREAS, the Township desires to support the completion of the Project by clarifying that the license granted by Sections 2.08 and 3.03 of the Interim Agreement includes preliminary work on the Project, including but not limited to clearing, grading, excavation, construction of stormwater management facilities, pouring of foundations and related work, subject to the conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency which are hereby acknowledged by each of the parties, including the benefit of the parties thereto and general public and to further implement the purposes of the Local Redevelopment and Housing Law and Redevelopment Plan, the parties hereto agree as follows. 1. The Redeveloper is authorized to commence and conduct construction work on the Project, including but not limited to demolition, clearing, grading, excavation, construction of sanitary and stormwater management facilities, footings, and foundations and related work. 2. Redeveloper agrees to defend, indemnify, and hold harmless the Township against, and Redeveloper shall pay any and all liability, loss, cost, damage, claims, judgments or expenses, of any and all kinds or nature and however arising, imposed by law, which the Township may sustain, be subject to or be caused to incur by reason of any claim, suit or action based upon personal injury, death, or damage to property, whether real, personal or mixed, directly relating to the Redeveloper’s activities as permitted under this Agreement, or based upon or arising out of contracts entered into by the