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200210366 (vi) "Third Patty Claims" shall mean any third party claims (other than Regulatory Actions) based on negligence, trespass, strict liability, nuisance, toxic tort or detriment to human health or welfare due to Contamination. (b) Truster represents and warrants that, to the best of its knowledge: (1) except as described in the Phase I Environmental Site Assessment dated September 11, 2002, from Environmental Resources Management, the Trust Property is not and has not been a site for the use, generation, manufacture, storage, treatment, release, threatened release, discharge, disposal, transportation or presence of Contaminants, (ii) the Trust Property is in compliance with all Environmental Laws, (iii) there are no Regulatory Actions or Third Party Claims pending or threatened against Truster, the Trust Property, or any other real property owned or operated by Truster. (c) Truster covenants and agrees that: (i) Truster will not do, and will exercise due care to prevent anything that will cause the Trust Property to be in violation of, or would subject the Trust Property to remedial obligations under, Environmental Laws, (ii) Truster will immediately notify Beneficiary, in writing, of any existing, pending or threatened Regulatory Action, Third Party Claims, or Contamination of the Trust Properly, (iii) Truster will lake all steps reasonably necessary under the circumstances to determine whether Contamination with respect to the Trust Property has occurred; Truster shall not use the Trust Property in a manner which will result in Contamination and will Clean Up any Contamination promptly upon notice or discovery of such Contamination at no cost to Beneficiary or Trustee. (d) If Beneficiary has reason to believe that Contamination may have occurred on the Trust Property, Truster, at its expense and upon written request of Beneficiary, shall immediately cause an environmental audit or assessment to be prepared with respect to the Trust Property in form reasonably satisfactory to Beneficiary and cause the same to be immediately delivered to Beneficiary. (e) Truster hereby agrees to index and hold harmless Beneficiary and Trustee, and their respective agents, employees and contractors, from and against: (1) all costs and expenses of, and from all claims arising out of, Contamination and Clean Lip, (ii) all liability, loss, cost or expense, including reasonable attorney fees and ewes, arising from or relating to the imposition or recording of a lien on the Trust -8-