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(c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of any
<br />complaints related to violation of any Access Laws and of the commencement of any
<br />proceedings or investigations which relate to compliance with applicable Access Laws.
<br />35. Indemnification. In addition to any other indemnifications provided herein or in the other
<br />Loan Documents, Borrower covenants and agrees at its sole cost and expense to protect,
<br />defend, indemnify and save harmless Lender and any and all its successors and assigns
<br />hereunder for, from and against all liabilities, obligations, claims, demands, damages,
<br />penalties, causes of action, losses, fines, costs and expenses (including, without limitation,
<br />reasonable attorneys' fees and expenses), imposed upon or incurred by or asserted against
<br />Lender and any and all its successors and assigns hereunder (except to the extent caused by
<br />the gross negligence, willful misconduct or bad faith of Lender) by reason of any of the
<br />following for which the event or events which give rise to such cause of action or liability
<br />occurred prior to a foreclosure or deed in lieu of foreclosure or other transfer of the
<br />Mortgaged Property pursuant to Lender's exercise of its remedies hereunder: (a) ownership
<br />of this Security Instrument, the Mortgaged Property or any interest therein or receipt of any
<br />Rents; (b) any accident, injury to or death of persons or loss of or damage to property
<br />occurring in, on or about the Mortgaged Property or any part thereof to the extent arising
<br />from or in connection with the Mortgaged Property or, to the extent arising from or in
<br />connection with the Mortgaged Property, on the adjoining sidewalks, curbs, adjacent
<br />property or adjacent parking areas, streets or ways; (c) any use, nonuse or condition in, on or
<br />about the Mortgaged Property or any part thereof or, to the extent arising from or in
<br />connection with the Mortgaged Property, on adjoining sidewalks, curbs, adjacent property
<br />or adjacent parking areas, streets or ways; (d) any failure on the part of Borrower to perform
<br />or comply with any of the terms of this Security Instrument; (e) performance of any labor or
<br />services or the furnishing of any materials or other property in respect of the Mortgaged
<br />Property or any part thereof; (f) the presence, disposal, escape, seepage, leakage, spillage,
<br />discharge, emission or release of any Hazardous Substance (except those substances stored,
<br />used or sold by Borrower, Lessee or other tenants of the Mortgaged Property in the ordinary
<br />course of their respective businesses and in compliance with Environmental Laws) or
<br />asbestos on, from, or affecting the Mortgaged Property or any property contiguous
<br />therewith; (g) to the extent not covered by insurance, any personal injury (including
<br />wrongful death) or property damage (real or personal) arising out of or related to such
<br />Hazardous Substance or asbestos; (h) any lawsuit brought or threatened, settlement reached,
<br />or government order relating to such Hazardous Substance or asbestos; (i) any violation of
<br />the Environmental Laws, which are based upon or in any way related to such Hazardous
<br />Substance or asbestos including, without limitation, the costs and expenses of any remedial
<br />action, reasonable attorney and consultant fees, investigation and laboratory fees, court
<br />costs, and litigation expenses; and (j) any failure of the Mortgaged Property to comply with
<br />any Access Laws. Any amounts payable to Lender and any and all its successors and
<br />assigns hereunder by reason of the application of this paragraph 35 shall be secured by this
<br />Security Instrument and shall become immediately due and payable and shall bear interest at
<br />the Default Rate from the date loss or damage is sustained by Lender and any and all its
<br />successors and assigns hereunder until paid. Subject to the provisions of paragraph 9(e)
<br />hereof, the obligations and liabilities of Borrower under this paragraph 35 shall survive any
<br />termination, satisfaction or assignment of this Security Instrument and the exercise by
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