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(1) claims or demands made by third parties against City with regard to <br /> the ownership, management, or use of each Transfer Lot prior to and including the applicable <br /> Transfer Date, including without limitation any claims and liabilities for personal injury or <br /> property damage, or any other liability, obligation or commitment of Rinker(whether known or <br /> unknown, fixed or contingent, due or to become due)not expressly assumed by City under this <br /> Agreement; or <br /> (2) any breach of any of the covenants, representations or warranties of <br /> Rinker contained in this Agreement (including, without limitation, any schedule, certificate, <br /> exhibit or other instrument delivered or to be delivered by Rinker pursuant to this Agreement). <br /> (b) Indemnification by City. Without limiting its obligations under Section <br /> 1.4 above, the City shall be responsible to Rinker for, and shall defend, indemnify and hold <br /> Rinker harmless from and against loss, damage, liability, cost or expense (including,without <br /> limitation, reasonable attorneys' fees, legal expenses and consultant's fees)that shall be suffered <br /> or incurred by Rinker,resulting or relating to: <br /> (1) claims or demands made by third parties against Rinker with regard to <br /> the ownership, management, or use of each Transfer Lot after the applicable Transfer Date, <br /> including without limitation any claims and liabilities for personal injury or property damage, or <br /> any other liability, obligation or commitment of City(whether known or unknown, fixed or <br /> contingent, due or to become due); provided, however, that City shall not indemnify Rinker for <br /> any claims or demands arising from or relating to hazardous materials or conditions on the <br /> respective Transfer Lots as of the applicable Transfer Date; or <br /> 2004 Revised Development Agreement <br /> 17 <br /> 8/23/2005 <br />