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in whole or in part of any security for the Secured Obligations; and (vii) Beneficiary's failure to <br /> properly 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 [ndemnitee has <br /> exercised any rights against the Property or any other security, pursued any rights against any <br /> guarantor or other party, or pursued any other rights available under the Agency Documents or <br /> applicable law. The obligations of Trustor to indemnify the Indemnitees under this Section shall <br /> survive any repa}mment or discharge of the Secured Obligations, any foreclosure proceeding, any <br /> foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the <br /> lien of this Deed of Trust. <br /> Without limiting any of the remedies provided in this Deed of Trust, Trustor <br /> acknowledges and agrees that each of the provisions in this Section 7.9 is an environmental <br /> provision (as defined in Section 736(0(2) of the California Code of Civil Procedure) made by <br /> Tnistor relating to real property security ( "Environmental Provisions "), and that Trustor's <br /> failure to comply with any of the Environmental Provisions will be a breach of contract that will <br /> entitle Beneficiary to pursue the remedies provided by Section 736 of the California Code of <br /> Civil Procedure ( "Section 736 ") for the recovery of damages and for the enforcement of the <br /> Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of <br /> damages or enforcement of the Environmental Provisions shall not constitute an action within <br /> the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money <br /> judgment for a deficiency or a deficiency judgment within the meauiug of Sections 580a, 580b, <br /> 580d, or 726(b) of the California Code of Civil Procedure. Trustor's indemnity obligations <br /> under this Section will not extend to Claims resulting solely from Indemnitees' gross negligence <br /> or willful misconduct. <br /> "Environmental Law" means all federal, state or local statutes, ordinances, rules, <br /> • regulations, orders, decrees, judgments or common law doctrines, and provisions and conditions <br /> of permits, licenses and other operating authorizations regulating, or relating to, or imposing <br /> liability or standards of conduct concerning (i) pollution or protection of the environment, <br /> including natural resources; (ii) exposure of persons, including employees and agents, to any <br /> Hazardous Material (as defined above) or other products, raw materials, chemicals or other <br /> substances; (iii) protection of the public health or welfare from the effects of by- products, <br /> wastes, emissions, discharges or releases of chemical substances from industrial or commercial <br /> activities; (iv) the manufacture, use or introduction into commerce of chemical substances, <br /> including without limitation, their manufacture, formulation, labeling, distribution, <br /> transportation, handling, storage and disposal; or (iv) the use, release or disposal of toxic or <br /> hazardous substances or Hazardous Materials or the remediation of air, surface waters, <br /> groundwaters or soil, as now or may at any later time be in effect, including but not limited to the <br /> Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental <br /> Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.), the Hazardous <br /> Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource <br /> Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control <br /> Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California <br /> Underground Storage of Hazardous Substances Act [California Health and Safety Code Section <br /> 518010 -4 9 <br />