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Beneficiary may, without further notice and at its option, procure such insurance
<br />coverage at Trustor's expense, and Trustor shall promptly reimburse Beneficiary for
<br />such expense upon receipt of billing from Beneficiary.
<br />7.11 Hazardous Materials. Trustor shall not cause or permit any Hazardous
<br />Material (as defined in Section 4.13.1 of the Loan Agreement) to be brought upon, kept,
<br />stored or used in, on, under, or about the Land by Trustor, its agents, employees,
<br />contractors or invitees except for incidental supplies ordinarily used in the construction
<br />and operation of the Project in compliance with all applicable laws, and shall not cause
<br />any release of Hazardous Materials into, onto, under or through the Land. If any
<br />Hazardous Material is discharged, released, dumped, or spilled in, on, under, or about
<br />the Land and results in any contamination of the Land or adjacent property, or otherwise
<br />results in the release or discharge of Hazardous Materials in, on, under or from the Land,
<br />Trustor shall promptly take all actions at its sole expense as are necessary to comply
<br />with all Environmental Laws (as defined in Section 4.13.1 of the Loan Agreement).
<br />Trustor shall indemnify, defend (with counsel reasonably acceptable to
<br />Beneficiary), and hold Beneficiary and its elected and appointed officials, officers, agents
<br />and employees (collectively, "Indemnitees") harmless from and against any and all loss,
<br />claim, liability, damage, demand, judgment, order, penalty, fine, injunctive or other relief,
<br />cost, expense (including reasonable fees and expenses of attorneys, expert witnesses,
<br />and other professionals advising or assisting Beneficiary), action, or cause of action (all
<br />of the foregoing, hereafter individually "Claim" and collectively "Claims") arising in
<br />connection with the breach of Trustor's covenants and obligations set forth in this
<br />Section 7.11 or otherwise arising in connection with the presence or release of
<br />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
<br />whether the Land is in compliance with Environmental Laws, all costs associated with
<br />bringing the Land into compliance with all applicable Environmental Laws, and all costs
<br />associated with claims for damages or injury to persons, property, or natural resources.
<br />Without limiting the generality of the foregoing, Trustor shall, at Trustor's own cost
<br />and expense, do all of thefoflowing:
<br />(i) pay or satisfy any judgment or decree that may be entered against any
<br />Indemnitee or Indemnitees in any legal or administrative proceeding incident to any
<br />matters against which Indemnitees are entitled to be indemnified under this Deed of
<br />Trust;
<br />(ii) reimburse Indemnitees for any expenses paid or incurred in connection with
<br />any matters against which Indemnitees are entitled to be indemnified under this Deed of
<br />Trust; and
<br />(iii) reimburse Indemnitees for any and all expenses, including without limitation
<br />out-of-pocket expenses and fees of attorneys and expert witnesses, paid or incurred in
<br />connection with the enforcement by Indemnitees of their rights under this Deed of Trust,
<br />or in monitoring and participating in any legal or administrative proceeding.
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