results in any contamination of the Land or adjacent property, or otherwise results in the
<br /> release or discharge of Hazardous Materials in, on, under or from the Land, Trustor shall
<br /> promptly take all actions at its sole expense as are necessary to comply with all
<br /> Environmental Laws (as defined below).
<br /> To the fullest extent permitted by law, Trustor shall indemnify, defend (with
<br /> counsel reasonably acceptable to Beneficiary), and hold Beneficiary and its elected and
<br /> appointed officials, officers, agents and employees (collectively, "Indemnitees ")
<br /> harmless from and against any and all loss, claim, liability, damage, demand, judgment,
<br /> order, penalty, fine, injunctive or other relief, cost, expense (including reasonable fees
<br /> and expenses of attorneys, expert witnesses, and other professionals advising or
<br /> assisting Beneficiary), action, or cause of action (all of the foregoing, hereafter
<br /> individually "Claim" and collectively "Claims ") arising in connection with the breach of
<br /> Trustor's covenants and obligations set forth in this Section 7.11 or otherwise arising in
<br /> connection with the presence or release of Hazardous Materials in, on, under, or from
<br /> the Property. The foregoing indemnity includes, without limitation, all costs of
<br /> investigation, assessment, containment, removal, remediation of any kind, and disposal
<br /> of Hazardous Materials, all costs of determining whether the Land is in compliance with
<br /> Environmental Laws, all costs associated with bringing the Land into compliance with all
<br /> applicable Environmental Laws, and all costs associated with claims for damages or
<br /> 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 /> lndemnitee 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
<br /> with any matters against which Indemnitees are entitled to be indemnified under this
<br /> Deed of Trust; and
<br /> c. reimburse Indemnitees for any and all expenses, including without
<br /> limitation out -of- pocket expenses and fees of attorneys and expert witnesses, paid or
<br /> incurred in connection with the enforcement by Indemnitees of their rights under this
<br /> Deed of Trust, or in monitoring and participating in any legal or administrative
<br /> proceeding.
<br /> Trustor's obligation to indemnify the Indemnitees shall not be limited or impaired
<br /> by any of the following, or by any failure of Trustor to receive notice of or consideration
<br /> for any of the following: (i) any amendment or modification of any Loan Document; (ii)
<br /> any extensions of time for performance required by any Loan Document; (iii) any
<br /> provision in any of the Loan Documents limiting Beneficiary's recourse to property
<br /> securing the Secured Obligations, or limiting the personal liability of Trustor, or any
<br /> other party for payment of all or any part of the Secured Obligations; (iv) the accuracy or
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