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0. <br /> Indemnification and Landfill Agreement to assume responsibility for certain portions of the <br /> design, construction, operation,repair and maintenance of elements of the methane and leachate <br /> system to be installed and operated on the City Property. <br /> The PDA grants to both OM and the City certain rights and remedies for non- <br /> performance. Among other things, in the event of certain breaches by OM, the PDA grants to <br /> the City the right to recover ownership of the portions of the City Property that have not been <br /> previously released by the City. As OM complies with its contractual obligations under the PDA <br /> with respect to various discrete components of the overall Development,the City will release <br /> portions of the City Property from the provisions of the PDA granting to the City the right to <br /> recover ownership of the City Property. The PDA also requires the payment to the City of <br /> $1,000,000 in liquidated damages if OM fails to obtain the expected LEED certification. <br /> Lastly, the PDA contains, in addition to other protections, limitations on assignment by <br /> OM of its rights under the PDA, the use of the City Property as collateral and requires the parties <br /> in certain circumstances to participate in mediation to resolve disputes that may arise between <br /> the parties. <br /> The foregoing is intended as a summary of certain provisions of the PDA. It is not <br /> intended and shall not be used to interpret the PDA or operate to modify the PDA in any manner. <br /> 06107-0063/LEGAL12979654.1 3 <br />