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201303289 41 (m) Borrower shall not, without the prior written consent of those Indemnitees 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 Indemnitees, 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: (1) pay of sdli5(y ally judyiiierii or Lieu ee lhal may be etrieied ayaiiisl any Indemnitee or Indemnitees in any legal or administrative proceeding incident to any matters against which Indemnitees are entitled to be indemnified under this Section 48; (2) reimburse Indemnitees for any expenses paid or incurred in connection with any matters against which Indemnitees are entitled to be indemnified under this Section 48; and