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incidental supplies ordinarily used in the construction and operation of the Project in compliance
<br />with all applicable laws, and shall not cause any release of Hazardous Materials into, onto, under
<br />or through the Land. If any Hazardous Material is discharged, released, dumped, or spilled in, on,
<br />under, or about the Land and results in any contamination of the Land or adjacent property, or
<br />otherwise results in the release or discharge of Hazardous Materials in, on, under or from the
<br />Land, Trustor shall promptly take all actions at its sole expense as are necessary to comply with
<br />all Environmental Laws (as defined below).
<br />Trustor shall indemnify, defend (with counsel reasonably acceptable to Beneficiary), and
<br />hold Beneficiary and its elected and appointed officials, officers, agents and employees
<br />(collectively, "Indemnitees") harmless from and against any and all loss, claim, liability, damage,
<br />demand, judgment, order, penalty, fine, injunctive or other relief, cost, expense (including
<br />reasonable fees and expenses of attorneys, expert witnesses, and other professionals advising or
<br />assisting Beneficiary), action, or cause of action (all of the foregoing, hereafter individually
<br />"Claim" and collectively "Claims") arising in connection with the breach of Trustor's covenants
<br />and obligations set forth in this Section 7.9 or otherwise arising in connection with the presence or
<br />release of Hazardous Materials in, on, under, or from the Property. The foregoing indemnity
<br />includes, without limitation, all costs of investigation, assessment, containment, removal,
<br />remediation of any kind, and disposal of Hazardous Materials, all costs of determining whether
<br />the Land is in compliance with Environmental Laws, all costs associated with bringing the Land
<br />into compliance with all applicable Environmental Laws, and all costs associated with claims for
<br />damages or injury to persons, property, or natural resources.
<br />Without limiting the generality of the foregoing, Trustor shall, at Trustor's own cost and
<br />expense, do all of the following:
<br />a. pay or satisfy any judgment or decree that may be entered against any Indemnitee
<br />or Indemnitees in any legal or administrative proceeding incident to any matters against which
<br />Indemnitees are entitled to be indemnified under this Deed of Trust;
<br />b. reimburse Indemnitees for any expenses paid or incurred in connection with any
<br />matters against which Indemnitees are entitled to be indemnified under this Deed of Trust; and
<br />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 participating 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 ofthe
<br />Agency Documents limiting Beneficiary's recourse to property securing the Secured Obligations,
<br />or limiting the personal 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,
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