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onto, under or through the Land. If any Hazardous Material is discharged, released, dumped, or
<br /> spilled in, on, under, or about the Land and results in any contamination of the Land or adjacent
<br /> property, or otherwise results in the release or discharge of Hazardous Materials in, on, under or
<br /> from the Land, Trustor shall promptly take all actions at its sole expense as are necessary to
<br /> comply with 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 Toss, 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 anyjudgment 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 lndemnitees 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 perfomtance 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 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 Tmstor or any other person, by Beneficiary or by operation of law,
<br /> from performance of any obligation under any Agency Document; (vi) the release or substitution
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