|
200603080
<br />Lender.
<br />Section 12.5. UI'ERATIONS AND MAINTENANCE_ PROGRAMS. If recommended by the Environmental
<br />Report or any other cm honmental assessment or audit of the Property, Borrower shall establish and comply with an
<br />operations and maintcnancc program with respect to Ilie Property, inform and substance reasonably acceptable to Lender,
<br />prepared by an environmental consultant reasonably acceptable to Lender, which program shall address any asbestos
<br />containing material or laid based paint that may now or in the future be detected at or on the Property. Without limiting
<br />the generality of the preceding sentence, Lender may require (a) periodic notices or reports to Lender in form, substance
<br />and at such intervals as l.cnder may specify, (b) at) amendment to such operations and maintenance program to address
<br />changing circumstances. Laws or other matters, (c) at Borrower's sole expense, supplemental examination of the Property
<br />by consultants specil'icd 1) � 1,ender, (d) access to the Property by Lender, its agents or servicer, to review and assess the
<br />environmental condition of tlic Property and Borrower's compliance with any operations and maintenance program, and
<br />(e) variation of the operations and maintenance program in response to the reports provided by any such consultants.
<br />ARTICLE 13. - INDEMNIFICATION
<br />Section 13.1. (i!:NPI:A.L INDEMNIFICATION. Borrower shall, at its sole cost and expense, protect, defend,
<br />indemnify, release and hold harmless the Indemnified Parties from and against any and all Losses (defined below)
<br />imposed u1nM or incurred by or asserted against any Indemnified Parties and directly or indirectly arising out of or in any
<br />way relatinu to ;ury onr or more of the following; (a) any accident, injury to or death of persons or loss of or damage to
<br />property occurring in, on or ahenrt the Property or any part thereof or on the adjoining sidewalks, curbs, adjacent property
<br />or adjacent parking areas. r;treets or ways; (b) any u.w, nonuse or condition in, on or about the Property or any part thereof
<br />or on the adjoining sidc\\ aiks, curbs, adjacent property or adjacent parking areas, streets or ways; (c) performance of any
<br />labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof; (d) any
<br />failure of the Property to he in compliance with any Applicable Laws; (e) any and all claims and demands whatsoever
<br />which may be assericd :i ainst Lender by reason of any alleged obligations or undertakings on its part to perform or
<br />discharge nny of the terms, covenants, or agreements contained in any Lease; or (f) the payment of any commission,
<br />charge or brokerage fee to anyone which may be payable in connection with the funding of the Loan evidenced by the
<br />Note and uxured by 11111, Security Instrument, INCLUDING, WITHOUT LIMITATION, LOSSES ARISING FROM
<br />THE NEGI_iGENCE 01 i'I IE INDEMNIFIED PARTIES. Any amounts payable to Lender by reason of the application
<br />of this Section 13.1 shall hccome immediately due and payable and shall beat- interest at the Default Rate from the date
<br />loss or clamage is sustained by Lender until paid. The tenn "Losses" shall mean any and all claims, suits, liabilities
<br />(includf q_!, without (imitation, strict liabilities), actions, proceedings, obligations, debts, damages, losses, costs, expenses,
<br />fines, penalties, changes. lccs. judgments, awards, amounts paid in settlement of whatever kind or nature (including but
<br />not limited to attorncy �;' Dees and other costs of defense). The term "Indemnified Parties" shall mean (a) Lender, (b) any
<br />prior owner or bolder of the Note, (c) any servicer or prior servicer of the Loan, (d) any Investor (defined below) or any
<br />prior Invcslor in any Participations (defined below), (e) any trustees, custodians or other fiduciaries who hold or who have
<br />held a full or partial interest in the Loan for the benefit of any Investor or other third party, (f) any receiver or other
<br />fiduciary appointed in i'orcclosure or other Creditors Rights Laws proceeding, (g) the Trustee and all subsequent
<br />Trustees under this 5ceurity Instrument, (h) any officers, directors, shareholders, partners, members, employees, agents,
<br />servants, representatives. contractors, subcontractors. affiliates or subsidiaries of any and all of the foregoing and (i) the
<br />0 V, /�� I
<br />M 20 V,
<br />
|