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
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<br />15445229.4.BUSINESS
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