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c. reimburse Indemnitees for any and all expenses, including without limitation out- <br />of-pocket expenses and fees of attorneys and expert witnesses, paid or incurred in connection <br />with the enforcement by Indemnitees of their rights under this Deed of Trust, or in monitoring <br />and pa--ticipating in any legal or administrative proceeding. <br />Trustor's obligation to indemnify the Indemnitees shall not be limited or impaired by any <br />of the following, or by any failure of Trustor to receive notice of or consideration for any of the <br />following: (i) any amendment or modification of any Agency Document; (ii) any extensions of <br />time for performance required by any Agency Document; (iii) any provision in any of the <br />Agency Documents limiting Beneficiary's recourse to property securing the Secured Obligations, <br />or limiting the persona] liability of Trustor, or any other party for payment of all or any part of <br />the Secured Obligations; (iv) the accuracy or inaccuracy of any representation and warranty <br />made by Trustor under this Deed of Trust or by Trustor or any other party under any Agency <br />Document, (v) the release of Trustor or any other person, by Beneficiary or by operation of law, <br />fi-om performance of any obligation under any Agency Document; (vi) the release or substitution <br />in whole or in part of any security for the Secured Obligations; and (vii) Beneficiary's failw~e to <br />properly perfect any lien or security interest given as security for the Secured Obligations. <br />The provisions of this Section 7.10 shall be in addition to any and all other obligations <br />and liabilities that Trustor may have under applicable law, and each Indemnitee shall be entitled <br />to indemnification under this Section without regard to whether Beneficiary or that Indemnitee <br />has ehercised any rights against the Property or any other security, pursued any rights against any <br />guarantor or other party, or pursued any other rights available ar~der the Agency 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 ie <br />1 ien of th is Deed of Trust. <br />Without limiting any of the remedies provided in this Deed of Trust, Trustor <br />acknowledges and agrees that each ofthe provisions in this Section 7.10 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. <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 of the 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 />956218-3 <br />