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directly affected shall meet and negotiate an appropriate resolution. . If the resolution involves an amendment to the terns of this Agreement, the. Agreement may be. amended upon execution •of a amendment by less . .than all the parties hereto, • so lon a s - it. i's 'executed by those" *parties whose interests are affected, and so long as those parties have held a public hearing on the proposed amendment. However, amendments to Sections 4 or 7 may only be adopted which are substantially consis- tent with Ballot Measure 20 -01, attached hereto as Exhibit 'B', as adopted or later amended by the voters. b. In the event that one of the parties fails or refuses to perform its duties specified in Sections 18 or 19 of this Agreement, any party who is directly affected by such nonperformance may file suit in a court of competent jurisdiction to compel the delinquent party to per- form. 18. INDEMNITY. Except as provided in Section 1 or Section 19 of this Agreement and only to the extent permitted by the Oregon Constitution and ORS 30.260 through 30.300, each party agrees to indemnify and save the others harmless from any claim, liability or damage resulting from any error, omission or act of negligence on the part of the indemni- fying party, its officers, employees, or agents in the performance of its responsibilities under this agreement. 19_ ENVIRONMENTAL CONTAMINATION. The Central Section of East Alton Baker Park previously was used an a landfill, and hazardous materials are present within the area. COUNTY acknowledges that the landfill and hazardous materials are the responsibility of COUNTY_ It is the intent of COUNTY and EUGENE that all such responsibility remain with COUNTY, except as provided below with respect to damages caused by the negli- gence of EUGENE officers, employees or agents. a. Definitions. (i) "Hazardous material" means any substance the presence of which requires investigation or remediation under any federal or state law or regulation, or any other substance which is or becomes regulated by any federal or state law or regulation. (ii) "Environmental requirements" means all requirements related to hazardous materials, including all present and future federal, and state laws and regulations, all permits, orders, notices and similar actions of any federal or state agency, and all judicial orders, judgments or decrees. (iii) "Environmental damages" means all claims, judgments, dam- ages, losses, penalties, liabilities, and reasonable costs and expenses of investigation, remediation and defense of any claim (including attorneys' fees and consultants' fees), any of which are incurred at any time as a result of the existence of hazardous materials upon, about, or beneath the property or migrating or threatening to migrate from the property, or the existence of a 2.19.93 7 21