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<br />(c) Borrower agrees to give prompt notice to Lender of the receipt by Borrower of
<br />any complaints related to violation of any Access Laws and of the colxlznencement
<br />of any proceedings or investigations which relate to compliance with applicable
<br />Access Laws.
<br />3S. Indemnification. In addition to any other indemnifications provided herein or in the other
<br />Loan Documents, Borrower covenants and agrees at its sale cost and expense to protect,
<br />defend, indemnify and save harmless Lender and any and all its successors and assigns
<br />hereunder from and against all liabilities, obligations, claims, demands, damages,
<br />penalties, causes of action, losses, fines, casts and expenses (including, without
<br />limitation, reasonable attorneys' fees and expenses), imposed upon or incurred by or
<br />asserted against Lender and any and all its successors and assigns hereunder (except to
<br />the extent caused by the gross negligence, willful misconduct or bad faith of Lender or its
<br />agents) by reason of any of the following for which the event or events which give rise to
<br />such cause of action or liability occurred prior to a foreclosure or deed in lieu of
<br />foreclosure or other transfer of the Mortgaged Froperty pursuant to Lender's exercise of
<br />its remedies hereunder: (a) ownership of this Security Instrument, the Mortgaged
<br />Property or any interest therein or receipt of any Rents; (b) any accident, injury to or
<br />death of persons or loss of or damage to property occurring in, on or about the Mortgaged
<br />Property or any part thereof to the extent arising from or in connection with the
<br />Mortgaged Property or, to the extent arising from or in connection with the Mortgaged
<br />Property, on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas,
<br />streets or ways; (c) any use, nonuse or condition in, on or about the Mortgaged. Property
<br />or any part thereof or, to the extent arising from or in connection with the Mortgaged
<br />Property, on adjoining sidewalks, curbs, adjacent property or adjacent parking areas,
<br />streets or ways; (d) any failure on the part of Borrower to perform or comply with any of
<br />the terms of this Security Instrurrlent; (e) performance of any labor or services or the
<br />furnishing of any materials or other property in respect of the Mortgaged Property or any
<br />part thereof; (f) the presence, disposal, escape, seepage, leakage, spillage, discharge,
<br />emission or release of any Hazardous Substance (except those substances stored, used or
<br />sold by Borrower, Lessee or other tenants of the Mortgaged Property in the ordinary
<br />course of their respective businesses and in compliance with Environmental Laws) or
<br />asbestos on, from, or affecting the Mortgaged Property or any property contiguous
<br />therewith; (g) to the extent not covered by insurance, any personal injury (including
<br />wrongful death) or property damage (real or personal) arising out of or related to such
<br />Hazardous Substance or asbestos; (h) any lawsuit brought or threatened, settlement
<br />reached, or government order relating to such Hazardous Substance or asbestos; (i) any
<br />violation of the Environmental Laws, which are based upon or in any way related to such
<br />Hazardous Substance or asbestos including, without limitation, the costs and expenses of
<br />any remedial action, reasonable attorney and consultant fees, investigation and laboratory
<br />fees, court costs, and litigation expenses; and (j) any failure of the Mortgaged Property to
<br />comply with any Access Laws. Any amounts payable to Lender and any and all its
<br />successors and assigns hereunder by reason of the application of this paragraph 3S shall
<br />be secured by this Security Instrument and shall become immediately due and payable
<br />and shall bear interest at the Overdue Rate from the date loss or damage is sustained by
<br />Lender and any and all its successors and assigns hereunder until paid. Subject to the
<br />provisions of paragraph 9(e) hereof, the obligations and liabilities of Borrower under this
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<br />15445229.4.BUSINESS
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