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that:
<br />6.6 Developer's Post -Closing Obligations. Developer hereby covenants and agrees
<br />(1) Developer shall not knowingly permit the Property or any portion thereof
<br />to be a site for the use, generation, treatment, manufacture, storage, disposal or
<br />transportation of Hazardous Material or otherwise knowingly permit the presence or
<br />release of Hazardous Material in, on, under, about or from the Property with the
<br />exception of limited amounts of cleaning supplies and other materials customarily used in
<br />construction, use or maintenance of residential properties similar in nature to the Project,
<br />and used, stored and disposed of in compliance with Environmental Laws.
<br />(2) Developer shall keep and maintain the Property and each portion thereof
<br />in compliance with, and shall not cause or permit the Project or the Property or any
<br />portion of either to be in violation of, any Environmental Laws.
<br />(3) Upon receiving actual knowledge of the same, Developer shall
<br />immediately advise City in writing of: (i) any and all enforcement, cleanup, removal or
<br />other governmental or regulatory actions instituted, completed or threatened against the
<br />Developer, or the Property pursuant to any applicable Environmental Laws; (ii) any and
<br />all claims made or threatened by any third party against the Developer or the Property
<br />relating to damage, contribution, cost recovery, compensation, loss or injury resulting
<br />from any Hazardous Material; (iii) the presence or release of any Hazardous Material in,
<br />on, under, about or from the Property; or (iv) Developer's discovery of any occurrence or
<br />condition on any real property adjoining or in the vicinity of the Project classified as
<br />"Border Zone Property" under the provisions of California Health and Safety Code,
<br />Sections 25220 et seq., or any regulation adopted in connection therewith, that may in
<br />any way affect the Property pursuant to any Environmental Laws or cause it or any part
<br />thereof to be designated as Border Zone Property. The matters set forth in the foregoing
<br />clauses (i) through (iv) are hereinafter referred to as "Hazardous Materials Claims").
<br />The City shall have the right to join and participate in, as a party if it so elects, any legal
<br />proceedings or actions initiated in connection with any Hazardous Materials Claim.
<br />(4) Without the City's prior written consent, which shall not be unreasonably
<br />withheld or delayed, Developer shall not take any remedial action in response to the
<br />presence of any Hazardous Material in, on, under, or about the Property (other than in
<br />emergency situations or as required by governmental agencies having jurisdiction in
<br />which case the City agrees to provide its consent), nor enter into any settlement
<br />agreement, consent decree, or other compromise in respect to any Hazardous Materials
<br />Claim. City shall have the right to join and participate in, as a party if it so elects, any
<br />legal proceedings or actions initiated in connection with any Hazardous Materials Claims
<br />and to have its reasonable attorneys' fees in connection therewith paid by Developer.
<br />6.7 Environmental Indemnity. To the greatest extent allowed by law, Developer shall
<br />indemnify, defend (with counsel approved by City) and hold Indemnitees harmless from and
<br />against all Claims resulting, arising, or based directly or indirectly in whole or in part, upon (i)
<br />the presence, release, use, generation, discharge, storage or disposal of any Hazardous Material
<br />on, under, in or about the Property, or the transportation of any such Hazardous Material to or
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