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8 or emissions, release of any hazardous substance into or upon the Facility contrary
<br /> to any local, state or federal law or regulation with respect hereto. The City shall
<br /> notify Premier Golf Centers, LLC and the State Department of Ecology in writing
<br /> of any such release. The City shall have full responsibility for completely
<br /> cleaning up any and all contamination from such a release as may be required by
<br /> any governmental agency and hold Premier Golf Centers, LLC harmless from any
<br /> liability related thereto.
<br /> Premier Golf Centers, LLC will not cause or permit in any manner, including
<br /> accidental or non-negligent acts or emissions, release of any hazardous substance
<br /> into or upon the Facility contrary to any local, state or federal law or regulation
<br /> with respect hereto. Premier Golf Centers, LLC shall notify the City and the State
<br /> Department of Ecology in writing of any such release. Premier Golf Centers, LLC
<br /> shall have full responsibility for completely cleaning up any and all contamination
<br /> from such a release as may be required by any governmental agency and hold the
<br /> City harmless from any liability related thereto. If Premier Golf Centers, LLC
<br /> fails to act within the required statutory timeframe upon any release of a
<br /> hazardous substance, without conferring any duty upon the City, the City may
<br /> enter the Facility and take whatever steps it deems appropriate to cure the
<br /> consequences of any such release, at the expense of Premier Golf Centers, LLC.
<br /> To the best of City's knowledge, City represents that there are no underground
<br /> storage tanks of any nature on the Facility (fuel, propane, gas etc.). The City does
<br /> not have any knowledge of asbestos-containing products within the Facility. City
<br /> shall promptly notify Premier Golf Centers, LLC as soon as City knows of any
<br /> changes to these representations contained in this Section 17 E.
<br /> For the purposes of this Agreement, "hazardous substance" shall mean: Any
<br /> substance now or hereinafter designated as, and/or that is subject to regulation as,
<br /> hazardous, toxic, dangerous, or harmful by any federal, state or local law,
<br /> regulation, statute, or ordinance, including but not limited to the Resource
<br /> Conservation and Recovery Act, Comprehensive Environmental Response
<br /> Compensation and Liability Act, Superfund Amendments and Re-authorization
<br /> Act of 1986, and the Washington Model Toxic Control Act(MOTCA).
<br /> Limited to the provisions of this Section 17 E, the parties hereby agree to
<br /> indemnify and defend the other from, and agree to hold the other harmless
<br /> against, any and all liability, loss, cost, damage, penalties, claims, causes of
<br /> action, proceedings and expense, including without limitation, court costs and
<br /> reasonable attorneys' fees caused by, relating to or resulting from or out of or in
<br /> connection with any misrepresentation by the City or Premier Golf Centers, LLC
<br /> under this Section 17 E. The provisions of this Section 17 E shall survive the
<br /> expiration or any termination of this Agreement.
<br /> F. Venue Stipulation. Premier Golf Centers, LLC's principal place of business is
<br /> Premier Golf Centers, LLC, and the Facility is located in the State of Washington.
<br /> Premier Golf Centers, LLC hereby irrevocably submits to the jurisdiction of the
<br /> 8 6 courts of Snohomish County, the State of Washington and the federal courts
<br /> whose jurisdiction includes the State of Washington. The parties agree that this
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