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<br />guarantor or other party, or pursued any other rights available under the City Documents or
<br />applicable law. The obligations of Trustor to indemnify the Indemnitees under this Section shall
<br />survive any repayment or discharge of the Secured Obligations, any foreclosure proceeding, any
<br />foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the
<br />lien of this Deed of Trust.
<br />
<br />Without limiting any of the remedies provided in this Deed of Trust, Trustor
<br />acknowledges and agrees that each of the provisions in this Section 7.9 is an environmental
<br />provision (as defined in Section 736(f)(2) of the California Code of Civil Procedure) made by
<br />Trustor relating to real property security (the "Environmental Provisions"), and that Trustor's
<br />failure to comply with any of the Environmental Provisions will be a breach of contract that will
<br />entitle Beneficiary to pursue the remedies provided by Section 736 of the California Code of
<br />Civil Procedure ("Section 736") for the recovery of damages and for the enforcement of the
<br />Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of
<br />damages or enforcement of the Environmental Provisions shall not constitute an action within
<br />the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money
<br />judgment for a deficiency or a deficiency judgment within the meaning of Sections 580a, 580b,
<br />580d, or 726(b) of the California Code of Civil Procedure. Trustor's indemnity obligations
<br />under this Section will not extend to Claims resulting solely from Indemnitees' gross negligence
<br />or willful misconduct.
<br />
<br />"Environmental Law" means all federal, state or local statutes, ordinances, rules,
<br />regulations, orders, decrees, judgments or common law doctrines, and provisions and conditions
<br />of permits, licenses and other operating authorizations regulating, or relating to, or imposing
<br />liability or standards of conduct concerning (i) pollution or protection ofthe environment,
<br />including natural resources; (ii) exposure of persons, including employees and agents, to any
<br />Hazardous Material (as defined above) or other products, raw materials, chemicals or other
<br />substances; (iii) protection of the public health or welfare from the effects of by-products,
<br />wastes, emissions, discharges or releases of chemical substances from industrial or commercial
<br />activities; (iv) the manufacture, use or introduction into commerce of chemical substances,
<br />including without limitation, their manufacture, formulation, labeling, distribution,
<br />transportation, handling, storage and disposal; or (iv) the use, release or disposal of toxic or
<br />hazardous substances or Hazardous Materials or the remediation of air, surface waters,
<br />groundwaters or soil, as now or may at any later time be in effect, including but not limited to the
<br />Toxic Substances Control Act [15 V.S.C. 2601, et seq.]; the Comprehensive Environmental
<br />Response, Compensation and Liability Act [42 US.C. Section 9601, et seq.], the Hazardous
<br />Materials Transportation Authorization Act [49 U.S.c. Section 5101, et seq.], the Resource
<br />Conservation and Recovery Act [42 US.c. 6901, et seq.], the Federal Water Pollution Control
<br />Act [33 US.c. Section 1251], the Clean Air Act [42 US.c. Section 7401, et seq.], the California
<br />Underground Storage of Hazardous Substances Act [California Health and Safety Code Section
<br />25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety
<br />Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety
<br />Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act
<br />[California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water
<br />Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are
<br />hereafter amended, together with any regulations promulgated thereunder.
<br />
<br />818002-2
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