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damage, demand, judgment, order, penalty, fine, injunctive or other relief, cost, expense <br /> (including reasonable fees and expenses of attorneys, expert witnesses, and other <br /> professionals advising or assisting Beneficiary), action, or cause of action (all of the <br /> foregoing, hereafter individually "Claim" and collectively "Claims") arising in connection <br /> with the breach of Trustor's covenants and obligations set forth in this Section 7.11 or <br /> otherwise arising in connection with the presence or release of Hazardous Materials in, on, <br /> under, or from the Property. The foregoing indemnity includes, without limitation, all costs of <br /> investigation, assessment, containment, removal, remediation of any kind, and disposal of <br /> 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 injury to <br /> 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 Indemnitee <br /> or Indemnitees in any legal or administrative proceeding incident to any matters against <br /> which Indemnitees are entitled to be indemnified under this Deed of Trust; <br /> (ii) 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; <br /> and <br /> (iii) reimburse Indemnitees for any and all expenses, including without limitation out- <br /> 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, or <br /> in monitoring and participating in any legal or administrative proceeding. <br /> Trustor's obligation to indemnify the Indemnitees shall not be limited or impaired by <br /> any of the following, or by any failure of Trustor to receive notice of or consideration for any <br /> of the following: (i) any amendment or modification of any Loan Document; (ii) any <br /> extensions of time for performance required by any Loan Document; (iii) any provision in <br /> any of the Loan Documents limiting Beneficiary's recourse to property securing the Secured <br /> Obligations, or limiting the personal liability of Trustor, or any other party for payment of all <br /> or any part of the Secured Obligations; (iv) the accuracy or inaccuracy of any <br /> representation and warranty made by Trustor under this Deed of Trust or by Trustor or any <br /> other party under any Loan Document, (v) the release of Trustor or any other person, by <br /> Beneficiary or by operation of law, from performance of any obligation under any Loan <br /> Document; (vi) the release or substitution in whole or in part of any security for the Secured <br /> Obligations; and (vii) Beneficiary's failure to properly perfect any lien or security interest <br /> given as security for the Secured Obligations. <br /> The provisions of this Section 7.11 shall be in addition to any and all other <br /> obligations and liabilities that Trustor may have under applicable law, and each Indemnitee <br /> shall be entitled to indemnification under this Section without regard to whether Beneficiary <br /> or that Indemnitee has exercised any rights against the Property or any other security, <br /> pursued any rights against any guarantor or other party, or pursued any other rights <br /> 1172395-3 g <br /> Commercial Rehabilitation Loan Program <br /> Owner Participation and Loan Agreement <br /> Form: 10-20-09 <br />