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<br /> storage tanks; laws, rules and regulations imposing liens for response costs or costs of other
<br /> Remediation,whether or not those liens have a higher priority than existing liens; laws, rules
<br /> and regulations conditioning transfer of properly upon a form of negative declaration or other
<br /> approval of a Governmental Authority of the environmental condition of a property; laws,
<br /> rules and regulations requiring the disclosure of conditions relating to Contaminants in
<br /> connection with transfer of title to or interest in property law; laws, rules and regulations
<br /> requiring notifying of any govenrimental entity with regard to a Release of any Contaminant;
<br /> conditions or requirements impased in connection with any permits; goveniinent orders and
<br /> demands and judicial arders pursuant to any of the foregoing; laws, rules and regulations
<br /> relating to the Release, use, treatment, storage, disposal, transportation, transfer, generation,
<br /> processing, production, refining control, management or handling of Contaminants; any and
<br /> all other laws, rules, regulations, guidance, guidelines and common law of any governmental
<br /> entity relating to the protection of human health or the enviromnent from Contaminants.
<br /> (4) "Release"means any spilling,leaking,migrating,pumping,pouring,emitting,
<br /> emptying, discharging, injecting, escaping, leaching, dumping or disposing into the
<br /> environment of any Contaminant.
<br /> (5) "Remediation" means any response, remedial or removal action pursuant to
<br /> CERCLA; any correcrive action pursuant to RCRA; any other actions required, authorized or
<br /> ordered under any Environm�ental Law with regard to cleanup, removal, response,
<br /> detoxification or other remediation of any Contaminant; any actions to prevent, ct�re or
<br /> mitigate a Release or threatened Release of any Contaminant; any action necessary or
<br /> appropriate to comply with any Environmental Law; any action necessary or appropriate to
<br /> obtain or comply with permits needed for operarions in connection with the Real Property
<br /> including, but not limited to: any investigation, monitoring, assessment, testing, sampling,
<br /> laboratory or other analysis, or Pvaluation, relating to any such response, remedial, removal,
<br /> corrective or other cleanup action ar relaring to any Release or threatened Release of any
<br /> Contaminant; other actions ordered or otherwise required pursuant to any other provision of
<br /> any other Environmental Law; any other response, remedial or removal action for which
<br /> liability may be imposed pursuant to CERCLA § 107(a) (42 USC § 9607(a)) whether such
<br /> liabiliry is to a Governmental Au�thority or a private party.
<br /> b. Environmental Indemmity. Borrower agrees to defend, indemnify, protect, release
<br /> and hold harmless Lender(whether as Beneficiary,Mortgagee in Possession, as a successor in interest
<br /> to Borrower by virtue of foreclosure of ihis Instrur�ent or otherwise, as owner or operator of the Real
<br /> Property or in any other capacity), its affiliates, subsidiaries, parties to whom Lender sells loan
<br /> participations (if applicable), the successors and assigns of each and its and their directors, o�cers,
<br /> employees and agents (collectively, th� "Lender Parties" ar singularly a "Lender Pariy") from and
<br /> against any and all claixns, suits, liabilities, actions, proceedings, obligations, debts, damages, losses,
<br /> costs, expenses, diminutions in value, liabilities (including strict liabilities), fines, penalties, charges,
<br /> fees, attorneys' fees and costs, engineers' fees, environmental consultants' fees and investigation
<br /> costs, costs of Remediation(whether or not performed voluntarily) and any other expenses (including
<br /> expenses incurred in enforcing this indemnity), judgments, awards, ainotuits paid in settlement,
<br /> punitive dasnages and foreseeable and unforeseeable consequential damages (collectively, "Losses")
<br /> incurred by or threatened against Lender or a Lender Party arising directly or indirectly from:
<br /> (1) The past,present or future violations of any Environmental Law in connection
<br /> with the Real Property or operations thereon, including but not limited to any failure by
<br /> Bonower or any tenant or other users of the Real Property to comply with any Enforcement
<br /> Action or any Environmental La�w;
<br /> (2) Any actions necessary or appropriate to comply with any Environxnental Law
<br /> applicable to the Real Property;
<br /> (3) The presence of any Contaminant in,on or under the Real Property including,
<br /> but not limited to the use, treatment, storage, disposal, transportation, transfer, generation,
<br /> processing, production, refining, control, management or handling of Contaminants in any
<br /> way connected with the Real Pr�perty;
<br /> (4) The past, present or threatened Release of any Contaminants in, on, under or
<br /> from the Real Properly, or xnig�ating to the Real Property including, but not limited to, costs
<br /> of Remediation of Contamination on properties to which such Contaminants may have
<br /> migrated;
<br /> (5) Any Remediati��n or Enforcement Action in any way connected with the Real
<br /> Property;
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