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minimize such release or threat of release so that it does not migrate or otherwise cause or threaten danger to present or future public health, safety, welfare or the environment, and costs incurred to comply with the applicable Environmental Laws in connection with all or any portion of the Mortgaged Property or any surrounding areas." "In addition to any other indemnifications provided herein or in the other Loan Documents, Borrower covenants and agrees at its sole cost and expense to protect, defend, indemnify and save harmless Lender and any and all its successors and assigns hereunder for, from and against all liabilities, obligations, claims, demands, damages, penalties, causes of action, losses, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses), imposed upon or incurred by or asserted against Lender and any and all its successors and assigns hereunder (except to the extent caused by the gross negligence, willful misconduct or bad faith of Lender) by reason of any of the following for which the event or events which give rise to such cause of action or liability occurred prior to a foreclosure or deed in lieu of foreclosure or other transfer of the Mortgaged Property pursuant to Lender's exercise of its remedies hereunder: (a) ownership of this Security Instrument, the Mortgaged Property or any interest therein or receipt of any Rents; (b) any accident, injury to or death of persons or loss of or damage to property occurring in, on or about the Mortgaged Property or any part thereof to the extent arising from or in connection with the Mortgaged Property or, to the extent arising from or in connection with the Mortgaged Property, on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (c) any use, nonuse or condition in, on or about the Mortgaged Property or any part thereof or, to the extent arising from or in connection with the Mortgaged Property, on •adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (d) any failure on the part of Borrower to perform or comply with any of the terms of this Security Instrument; (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Mortgaged Property or any part thereof; (f) the presence, disposal, escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Substance (except those substances stored, used or sold by Borrower, Lessee or other tenants of the Mortgaged Property in the ordinary course of their respective businesses and in compliance with Environmental Laws) or asbestos on, from, or affecting the Mortgaged Property or - 76 - 20140040 9. The first sentence of paragraph 35 of this Security Instrument is amended and restated in its entirety as follows: