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20~ooo~5i <br />Environmental Laws. Borrower covenants and agrees, at Borrower's sole cost <br />and expense, to indemnify, defend (at trial and appellate levels, and with <br />attorneys, consultants and experts selected by Borrower and reasonably <br />acceptable to Lender), and hold Lender harmless from and against any and all <br />liens, damages, losses, liabilities, obligations, settlement payments, penalties, <br />assessments, citations, directives, claims, litigation, demands, defenses, <br />judgments, suits, proceedings, casts, disbursements or expenses of any kind or of <br />any nature whatsoever (including, without limitation, reasonable attorneys', <br />consultants' and experts' fees and disbursements actually incurred in <br />investigating, defending, settling or prosecuting any claim, litigation or <br />proceeding) which may at any time be imposed upon, incurred by or asserted or <br />awarded against Lender or the Mortgaged Property, and arising directly or <br />indirectly from ar out of: (i) the presence, release or threat of release of any <br />Hazardous Substances (except those substances stored, used or sold by Borrower, <br />Lessee or other tenants of the Mortgaged Property in the ordinary course of their <br />respective businesses and in compliance with applicable Environmental Laws) on, <br />in, under or affecting all or any portion of the Mortgaged Property or any <br />surrounding areas caused by Borrower or its agents; (ii) the violation of any <br />applicable Environmental Laws relating to or affecting the Mortgaged Property; <br />(iii) the failure by Borrower or its agents to comply fully with the terms and <br />conditions of this paragraph 32; (iv) the breach of any representation or warranty <br />captained in this paragraph 32; or (v) the enforcement of this paragraph 32, <br />including, without limitation, the cast of assessment, containment and/or removal <br />of any and all Hazardous Substances (except those substances stored, used or sold <br />by Borrower, Lessee or other tenants of the Mortgaged Property in the ordinary <br />course of their respective businesses and in compliance with applicable <br />Environmental Laws) from all or any portiop of the Mortgaged Property or any <br />surrounding areas, the cost of any actions taken in response to the presence, <br />release ar threat of release of any Hazardous Substances (except those substances <br />stored, used ar sold by Borrower, Lessee or other tenants of the Mortgaged <br />Property in the ordinary course of their respective businesses and in compliance <br />with applicable Environmental Laws) an, in, under or affecting any portion of the <br />Mortgaged Property or any surrounding areas to prevent or minimize such release <br />or threat of release so that it does not migrate or otherwise cause or threaten <br />danger to present or future public health, safety, welfare or the environment, anal <br />costs incurred to comply with the applicable Environmental Laws ip connection <br />with all or any portion of the Mortgaged Property or any surraunding areas. <br />Lender's rights under this paragraph shall survive payment in full of the <br />indebtedness secured hereby apd shall be in addition to all other rights of Lender <br />under this Security Instrument, the Note and the other Loan Documents. <br />(d) Upon Lender's request, and subject to the terms of the Lease, at any time after the <br />occurrence and during the continuation of an Event of Default hereunder or at <br />such other time as Lender has reasonable grounds to believe that Hazardous <br />Substances (except those substances stared, used or sold by Borrower, Lessee or <br />other tenants of the Mortgaged Property ip the ordinary course of their respective <br />businesses and in compliance with all applicable Environmental Laws) are or <br />-49- <br />15445229.4.BUSINESS <br />