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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
<br /> or 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
<br /> out -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 City Document; (ii) any extensions of time
<br /> for performance required by any City Document; (iii) any provision in any of the City
<br /> Documents limiting Beneficiary's recourse to property securing the Secured Obligations, or
<br /> limiting the personal liability of Trustor, or any other party for payment of all or any part of the
<br /> Secured Obligations; (iv) the accuracy or inaccuracy of any representation and warranty made by
<br /> Trustor under this Deed of Trust or by Trustor or any other party under any City Document, (v)
<br /> the release of Trustor or any other person, by Beneficiary or by operation of law, from
<br /> performance of any obligation under any City Document; (vi) the release or substitution in whole
<br /> or in part of any security for the Secured Obligations; and (vii) Beneficiary's failure to properly
<br /> perfect any lien or security interest given as security for the Secured Obligations.
<br /> The provisions of this Section 7.9 shall be in addition to any and all other obligations and
<br /> liabilities that Trustor may have under applicable law, and each Indemnitee shall be entitled to
<br /> indemnification under this Section without regard to whether Beneficiary or that Indemnitee has
<br /> exercised any rights against the Property or any other security, pursued any rights against any
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