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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 the following:
<br /> (i) pay or satisfy any judgment or decree that may be entered against any
<br /> lndemnitee or lndemnitees 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 lndemnitees are entitled to be indemnified under this Deed of
<br /> Trust; and
<br /> (iii) reimburse lndemnitees 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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