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In addition, Owner agre�s to hold Schoell & Madson, Inc. harmless and <br />indemnify it from and against all costs and expenses of and from all claims <br />aris�ng out of any discovered presence or discharge of hazardous substances <br />upan property which is the subject of this agreement, whether or not such <br />ischarge or presence of hazardous substance upon said property occurred or <br />existed � before or after the work performed by Schoell & Madson, Inc. <br />hereunder. Said agreement to hold harmless and indemnify shall include any <br />claims for removal or cleanup of such hazardous substance, and shall include <br />�11 costs relating to any and all claims, demands, judc�ments, penalt.ies, <br />liabilities, damages, ar�d expenses, in�lu��i'ng� costs of experts and attorney's <br />fees and disbursements direGtly cr indirectly incurred by Schoell & Madson, <br />Inc., both in connection with or prior to any trial or administrative hearing <br />in any connection against or irivolving Schoell & Madson, Inc., or affecting <br />the premises upon which Schoell & Madson, Inc. is to perform services <br />hereunder, resulting from �he incorre�tness or untruthfulness of any <br />representation or canclusion relating to hazardous substances. Hazardous <br />subs�ances shall include �hos� as defined in th� Comprek��nsive Environmental <br />�esponse ane� Lia�bility Act as am�nded by the Superfund am�endments and <br />Re�uthorization Act of 1986; the Federal Resource Conservation and Recovery <br />A�ct of 1976; the Minnesota En�rir�nment �tesponse and L�ability Act; the Clean <br />�later Act 33 USC Se�. 1321, et saq.; the Minnesota Petroleum Tank Release <br />Cleanup Act; the Cleara Air Act 42 USC S�c`�.�. 7a01 +et seq. ; all as th� samg may <br />be fr�nn time to tim� am�nded, and any other feder�l, state, county, <br />mur�icipal, local car other statute, law, ordinance, or regulation which may <br />regulate with 3�ealth and �nvironmen�. <br />Schoell & Madson, Znc.'s liabYli�y liamitations shall apply to its liabilitg� <br />t� Oc�ner and any contr�ctor or subcQntr�ctor on account of er�ors and <br />omis�ions in s�rvices rend�ered or on account of any da�naq� to persnn or <br />�roger�y whiGh in any way ma�+ r�sult f�am any neglic��rice 4f Sch�ell & Madso», <br />nc, in performanc� of its s�rvices hereu�ader. <br />Th� awn�r agrees �hat ir� contr�cting wit� �ny con��actor or subcnntractQr to <br />do we�rlt on praperty wh�.cl� is �h� sub j�ct of this agreement, Owner w�.11 noti�y� <br />con�ractox and requir� �ontrac�or to noti�y all subcor�tractors o� th� <br />limitat�on of liability �f Schoel]l &�iadson, Inc. hereunrler. <br />�'E�II+iRTIOY� <br />�Tl��.s �greement may be termina�ed i�y eithex party in the �v�nt o� substantial <br />Pailura to perform in accardanc� with terms he�eoi, Such ��rmir�atioa� sh�ll <br />be ��'�ectiv� after gi�ing seven days' written notice. T3�r� Owner ag�ees ta <br />pay Sch�ell & Madson, Inc. for all services provicled up to tl�e ef�ectiv� date <br />of termin�ti.on. <br />EXECtJ�'�O�J ' <br />In witness �rher�o�E, the parties hereto have made and �x�cu�ea tni� agreeaner�t <br />as of �he day and year first above written. <br />Environmental � 1 August 1991 ' <br />