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... ~ II' r\ 200604217 (iii) Take any and all actions necessary to prevent any actual or threatened Environmental Activity or any other violation of any Applicable Environmental Law; and in the event that such Environmental Activity or other violation of Applicable Environmental Law is threatened or does occur, take any and all steps necessary to prevent the occurrence or continuation thereof, and to correct or remediate any effect thereof in accordance with the provisions of any Applicable Environmental Law. (iv) If Company shall receive notice or obtain any other knowledge of any Enforcement Action; receive notice or obtain any other knowledge that any Environmental Activity or any other violation of Applicable Environmental Law has or may have occurred or is about to occur; receive notice from any governmental authority or private party alleging that Company may be liable or responsible for costs associated with any other violation of any Applicable Environmental Law or any consequence thereof; or receive notice of the enactment or promulgation of any Applicable Environmental Law not in force as of the date hereofwhich would impair the value of any ofthe Project to Purchaser and Issuer; then Company shall notify Purchaser and Issuer within three (3) days of Company's receipt thereof and shall provide Purchaser and Issuer with such additional information in regard thereto as Purchaser and Issuer may from time to time request. (f) Indemnification. Company indemnifies, agrees to indemnify and hold Purchaser and Issuer harmless from and against, and to reimburse it with respect to, any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including attorneys' fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by Purchaser and Issuer at any time and from time to time by reason of or arising out of (i) the breach of any representation or warranty of Company set forth herein; and (ii) the failure of Company to perform any obligation herein required to be performed by Company, from the date hereof to the Release Date; provided, however, this indemnity shall not apply with respect to matters caused by or arising out of the gross negligence or willful misconduct of the Purchaser and Issuer. This indemnity applies, without limitation, to any violation from the date hereofto the Release Date of any Applicable Environmental Law and any and all maters arising out of any act, omission, event or circumstance existing or occurring on or prior to the Release Date (including without limitation the presence on the Project or release from the Project of any Contaminant), regardless of whether such act, omission, event or circumstance constituted a violation of any Applicable Environmental Law at the time of its existence or occurrence; provided, however, such indemnity shall not apply with respect to matters caused by or arising out of the gross negligence or willful misconduct of Purchaser and Issuer. The provisions ofthis subparagraph shall 22