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<br />has ever caused or permitted any Hazardous Material to be
<br />placed, held, located or disposed of on, under or at the
<br />Premises or the Land or any part thereof or into the
<br />atmosphere or any watercourse, body of water or wetlands, or
<br />any other real property legally or beneficially owned (or
<br />any interest or estate in which is owned) by the Mortgagor
<br />(including, without limitation, any property owned by a land
<br />trust the beneficial interest in which is owned, in whole or
<br />in part, by the Mortgagor), and neither the Premises, the
<br />Land, any part of either thereof, nor anv other real
<br />property legally or beneficially owned (or any interest or
<br />estate in which is owned) by the the Mortgagor (including,
<br />without limitation, any property owned by a land trust the
<br />beneficial interest in which is owned, in whole or in part,
<br />by the Mortgagor) has ever been used (whether by the
<br />Mortgagor or, to the best knowledge of the Mortgagor, by any
<br />other person) as a treatment, storage or disposal (whether
<br />permanent or temporary) site for any Hazardous !Material.
<br />Mortgagor hereby indemnifies the Trustees, the Agent and the
<br />Lenders and agrees to hold the Trustees, the Agent and the
<br />Lenders harmless from and against any and all losses,
<br />liabilities, damages, injuries, costs, expenses and claims
<br />of any and every kind whatsoever, including reasonable
<br />attorneys' fees, paid, incurred or suffered by, or asserted
<br />against, the Trustees, the Agent or the Lenders for, with
<br />respect to, or as a direct or indirect result of, the
<br />presence on or under or the escape, seepage, leakage,
<br />spillage, discharge, emission, discharging or release from,
<br />the Premises or into or upon the land, the atmosphere, or
<br />any watercourse, body of water or wetland of any Hazardous
<br />Material (including, without limitation, any losses,
<br />liabilities, damages, injuries, costs, expenses or claims
<br />asserted or arising under the Comprehensive Environmental
<br />Response, Compensation and Liability Act, any so- called
<br />"Superfund" or "Superlien" law, or any other Federal, state
<br />or local statute, law, ordinance, code, rule, regulation,
<br />order or decree regulating, relating to or imposing
<br />liability or standards of conduct concerning any Hazardous
<br />Material. For purposes of this Mortgage, "Hazardous
<br />Material" means and includes any hazardous substance or any
<br />pollutant or contaminant defined as such in (or for purposes
<br />of) the Comprehensive Environmental Response, Compensation,
<br />and Liability Act, any so- called "Superfund" or "Superlien"
<br />law, the Toxic Substances Control Act, or any other Federal,
<br />state or local statute, law, ordinance, code, rule,
<br />regulation, order or decree regulating, relating to, or
<br />imposing liability or standards of conduct concerning, any
<br />hazardous, toxic or dangerous waste, substance or material,
<br />as now or at any time hereafter in effect, or any other
<br />hazardous, toxic or dangerous, waste, substance or
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