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200009581
<br />Grantor in accordance with subparagraph (c) hereof) to confirm that no
<br />Hazardous Materials are stored, released or disposed of on the Property.
<br />(c) Environmental Indemnity. Grantor covenants and agrees, at Grantor's sole
<br />cost and expense, to indemnify, defend (at trial and appellate levels, and with
<br />attorneys, consultants and experts reasonably acceptable to Beneficiary) and hold
<br />each Indemnitee harmless from and against any and all Liens, damages, losses,
<br />liabilities, obligations, settlement payments, penalties, assessments, citations,
<br />directives, claims, litigation, demands, defenses, judgments, suits, proceedings,
<br />costs, disbursements or expenses of any kind or of any nature whatsoever with
<br />respect to any Environmental Liability in accordance with Section 13.04(b) of the
<br />Loan Agreement, including, without limitation (i) the costs of assessment,
<br />containment and /or removal of any and all Hazardous Materials from all or any
<br />portion of the Property as required by law, (ii) the costs of any actions taken as
<br />required by law in response to a release of any Hazardous Materials on, in, under
<br />or affecting all or any portion of the Property in order to prevent or minimize such
<br />release so that it does not migrate to adjacent properties or cause or threaten
<br />significant risk to present or future public health, safety, welfare or the
<br />environment. Indemnitees' rights under this Paragraph 6(c) shall be in addition to
<br />all other rights of Indemnitees under this Deed of Trust and the other Loan
<br />Documents and payments by Grantor under this paragraph shall not reduce
<br />Grantor's obligations and liabilities under any of the Loan Documents.
<br />(d) Notice to Beneficiary. If Grantor receives any notice or obtains
<br />knowledge of (i) any potential or known release of any Hazardous Materials at or
<br />from the Property, notification of which must be given to any Governmental
<br />Authority under any Environmental Law, or notification of which has, in fact,
<br />been given to any Governmental Authority, or (ii) any complaint, order, citation
<br />or notice with regard to air emissions, water discharges, or any other
<br />environmental health or safety matter affecting Grantor or the Property (an
<br />"Environmental Complaint ") from any Person (including, without limitation,
<br />the Environmental Protection Agency), then Grantor shall immediately notify
<br />Beneficiary orally and in writing of said release or Environmental Complaint.
<br />Upon such notification, Beneficiary may, at their election without regard to
<br />whether an Event of Default has occurred, obtain one or more environmental
<br />assessments of the Property prepared by a geohydrologist, an independent
<br />engineer or other qualified consultant or expert approved by the Beneficiary
<br />which evaluates or confirms (i) whether any Hazardous Materials are present in
<br />the soil or water at or adjacent to the Property, and (ii) whether the use and
<br />operation of the Property comply materially with all Environmental Laws.
<br />Environmental assessments may include detailed visual inspections of the
<br />Property, including, without limitation, any and all storage areas, storage tanks,
<br />drains, dry wells and leaching areas, and the taking of soil samples, surface water
<br />samples and ground water samples, as well as such other investigations or
<br />analyses as are reasonably necessary or appropriate for a determination of the
<br />compliance of the Property and the use and operation thereof with all applicable
<br />Environmental Laws. All such environmental assessments shall be at the cost and
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<br />MA
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