Common use of Developer Indemnity Clause in Contracts

Developer Indemnity. Upon the Closing, Developer agrees to indemnify, defend and hold Agency and its officers, employees, agents, representatives and volunteers harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys’ fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Site which occurs or arises after the Closing, or (ii) the violation, or alleged violation, of any statute, ordinance, order,

Developer Indemnity. Upon and after the Closing, Developer agrees to indemnify, defend and hold Agency City, and its their officers, employees, agentsagents and representatives, representatives and volunteers harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys’ ' fees), resulting from, arising out of, or based upon (i) the presencerelease from the Site, releaseuse on the Site, usegeneration on the Site, generation, dischargedischarge from the Site, storage on the Site, disposal on or disposal from the Site, or transportation to or from the Site of any Hazardous Materials onduring the period of Developer’s ownership of the Site, under, in or about, or the transportation of any such Hazardous Materials to or from, the Site which occurs or arises after the Closing, or (ii) the violation, or alleged violation, of any statute, ordinance, order,or