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20130239 (i) any breach of any representation or warranty of Borrower in this Section 48; (ii) any failure by Borrower to perform or comply with any of its obligations under this Section 48; (iii) the existence or alleged existence of any Prohibited Activity or Condition; (iv) the actual or alleged violation of any Hazardous Materials Law. (I) Counsel selected by Borrower to defend Indemnitees shall be subject to the approval of those Indemnitees. However, any Indemnitee may elect to defend any claim or legal or administrative proceeding at Borrower's expense. (m) Borrower shall not, without the prior written consent of those I ndemnitees who are named as parties to a claim or legal or administrative proceeding ( "Claim "), settle or compromise the Claim if the settlement (1) results in the entry of any judgment that does not include as an unconditional term the delivery by the claimant or plaintiff to Lender of a written release of those lndemnitees, satisfactory in form and substance to Lender; or (2) may materially and adversely affect Lender, as determined by Lender in its discretion. (n) Borrower's obligation to indemnify the Indemnitees shall not be limited or impaired by any of the following, or by any failure of Borrower or any guarantor to receive Notice of or consideration for any of the following: (1) any amendment or modification of any Loan Document; (2) any extensions of time for performance required by any Loan Document; (3) the accuracy or inaccuracy of any representations and warranties made by Borrower under this Security Instrument or any other Loan Document; (4) the release of Borrower or any other person, by Lender or by operation of law, from performance of any obligation under any Loan Document; (5) the release or substitution in whole or in part of any security for the Indebtedness; and (6) Lender's failure to properly perfect any lien or security interest given as security for the Indebtedness. (o) Borrower shall, at its own cost and expense, do all of the following: Previous editions are obsolete Contingent Repayment Mortgage HUD MF Security Instrument HUD- 94000M (Rev. 04/11) Page 42 FRENCH VILLAGE