IN DE MNIFIC ATIO N A GREEMENT
Corporation whose address is
(this "Agreement") is executed on this
Detroit International Bridge Company (“Indemnitor”), a Michigan
12225 Stephens Road, Warren, Michigan 48089, in favor of State of Michigan
(“Michigan”), in its own right, as represented by its Governor, and by and through, the Michigan Department
of Transportation (“MDOT”) (MDOT, with Michigan the "Indemnitee"), Street Lansing, Michigan 48909.
WHEREAS, Indemnitor is the
whose address is 425 West Ottawa RECITALS
owner
of
that
Ambassador Bridge (the "Bridge"); and
WHEREAS,
materials over and MDOT has li•ed certain restrictions
across the Bridge; and
certain on
the transportation of non—radiological hazardous
WHEREAS, as a condition to li•ing such restrictions Indemnitor provide this Agreement; and
WHEREAS,
Indemnitor is lifted;
NOW, THEREFORE, in including the recitals set forth above
consideration, the willing consideration of the which are incorporated herein by reference,
receipt and suf•ciency of which
1. De•nitions. Indemnitor hereby have the following meanings:
statutes, ordinances and handling, production or
regulations, policies, guidelines, interpretations, decisions,
(b)
"Class 3 and Class Hazardous Material thereunder.
Transportation
(c)
"Indemnitee" means
2.
as set forth in the penalties, claims, and/or expenses
expenses) of any kind or nature incurred by or asserted or awarded against Indemnitee
arising out of an accidental release of Class 3 or Class 8 Hazardous Materials •'om the Ambassador Bridge into the Detroit River that is a violation of an Environmental Law such that the Environmental Law requires an environmental restoration (the “Indemni•ed Matters”).
(b) The foregoing indemnity shall in
amounts the pursuant | to this | Agreement, or (ii) amounts spent otherwise responsible for the release. |
environmental restoration of the Indemni•ed Matters from third | parties |
collecting, amounts the Miscellaneous.
any
right or remedy of any Indemnitee under this Agreement
act, or by shall be established any oral agreement, but solely by an instrument in writing duly executed by a duly authorized of•cer of the Indemnitee. In the event
by conduct,
any custom or course of provision contained in this Agreement should be breached by the Indemnitor and thereafter be duly waived by the Indemnitee, on dealing or any delay or failure to such waiver shall be limited to the particular