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

6 4932-5755-6367, v. 1 3. Township agrees to defend, indemnify, and hold harmless the Redeveloper against, and Township shall pay any and all liability, loss, cost, damage, claims, judgments or expenses, attributable to the negligence, gross negligence or recklessness of the Township and/or its contractors, agents or employees arising, imposed by law, which the Redeveloper 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 Township’s activities on the Property after the effective date of this Agreement and until the conclusion of any work by the Township and/or its contractors, agents or employees, or until the Redeveloper purchases the property, whichever is earlier. Under no circumstance is the Redeveloper or any of its agents, employees, servants or subcontractors to be considered the agent, employee or servant of the Township, for the purposes of this section. Notwithstanding the provisions of this section 3, the Township shall remain obligated to Redeveloper as set forth in subsection 4B of a Parking and Access Easement Agreement between the Parties that is to be subsequently executed by and between the Parties in accordance with paragraph 10 of this Agreement. 4. Prior to the onset of the work identified in paragraph 1 herein, Redeveloper shall provide the Township with proof of insurance with terms and conditions specified in Section 2.10 of the Interim Redevelopment Agreement. 5. Pursuant to the provisions of the Redevelopment Agreement, Redeveloper’s commitment to take title to the Subject Properties is triggered after the Remediation Completion Date. By this First Amendment, the Parties make clear that Redeveloper may choose to take title to the Subject Properties prior to the Remediation Completion