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Assessment Report: 1333 Martinez Street, San Leandro, California, prepared by
<br />Stantec, dated October 21, 2008; Phase II Environmental Site Assessment: San
<br />Leandro Crossings Western Parcel, San Leandro, California, prepared by IRIS
<br />Environmental, dated April 9, 2009; Step Out Sampling: San Leandro Crossings
<br />Western Parcel, San Leandro, California, prepared by Iris Environmental, dated April 9,
<br />2009; and Remedial Investigation Report: San Leandro Crossings, prepared by Iris
<br />Environmental, dated July 8, 2009.
<br />Trustor shall not cause or permit any Hazardous Material (as defined below) to
<br />be brought upon, kept, stored or used in, on, under, or about the Land by Trustor, its
<br />agents, employees, contractors or invitees except for incidental supplies ordinarily used
<br />in connection with the construction, rehabilitation, repair, and operation of developments
<br />like the Project and in compliance with all applicable laws, and shall not cause any
<br />release of Hazardous Materials into, onto, under or through the Land. If any Hazardous
<br />Material is discharged, released, dumped, or spilled in, on, under, or about the Land
<br />and results in any contamination of the Land or adjacent property, or otherwise results
<br />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 below).
<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, provided that no Indemnitee
<br />shall be entitled to indemnification under this Section for matters caused by such
<br />Indemnitee's gross negligence or willful misconduct. The foregoing indemnity includes,
<br />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 the following:
<br />a. 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 />b. reimburse Indemnitees for any expenses paid or incurred in connection
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