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5. Improvements. The Railroad Museum may make improvements to the Property only after submitting a site plan to the City and receiving approval of same by a duly authorized City official. The Railroad Museum may place dormant rail tracks on the ground within the Property, at a location or locations approved by the City, solely for the purpose of placing on such tracks historical track cars or similar rail equipment. The tracks shall be secured in accordance with appropriate rail and safety standards. 6. Condition of Property. The Railroad Museum shall at its sole expense keep the Property in good order and repair, in a neat, clean, orderly, and well-maintained condition as befits its prominent location at a highly visible gateway into the City. 7. Environmental. (a) The Railroad Museum acknowledges that the Property has a history of uses for railroad related activities and that the Railroad Museum shall have sole responsibility for taking such actions that are protective of human health and the environment in connection with the Railroad Museum's use thereof. (b) The Railroad Museum shall not cause any new release or make worse any existing release of any hazardous waste, hazardous substances, hazardous materials, toxic substances, solid waste, petroleum products, pollutants, contaminants, or similar materials as defined under any applicable environmental law, rule, regulation, or ordinance and shall be solely responsible for remediating any such releases in compliance with any applicable environmental law, rule, regulation, or ordinance. (c) The Railroad Museum shall indemnify and hold harmless the City and protect and defend it against all claims, suits, reasonable costs and expenses (including, without limitation, -3- Draft 6