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201002498
<br />generation, use, handling, transport, production, disposal, discharge or storage of any
<br />Hazardous Materials in, on or about the Premises whether by Grantor or any Tenant or
<br />any other person or entity, including, without limitation: [i] all foreseeable and all
<br />unforeseeable consequential damages directly or indirectly arising out of [A] the
<br />presence, generation, use, handling, transport, production, disposal, discharge or
<br />storage of Hazardous Materials by Grantor, any prior owner or operator of the
<br />Premises, or any person or entity on or about the Premises, or [B] any residual
<br />contamination affecting any natural resource or the environment, and [ii] the costs of
<br />any required or necessary repair, cleanup, or detoxification of the Premises and the
<br />preparation of any closure or other required plans (all such claims, proceedings,
<br />lawsuits, liabilities, losses, fines, penalties, costs, damages, and expenses referred to in
<br />this paragraph 39 hereafter referred to as "Expenses"). The foregoing indemnification
<br />obligations of Grantor shall survive satisfaction of the Deed of Trust, and any
<br />foreclosure hereunder or a deed in lieu of foreclosure. In addition, Grantor agrees that
<br />in the event any Hazardous Material is caused to be removed from the Premises by
<br />Grantor, Beneficiary, or any other person or entity, the number assigned by the
<br />Environmental Protection Agency to such Hazardous Material shall be solely in the
<br />name of Grantor and Grantor shall assume any and all liability for such removed
<br />Hazardous Material. In the event Beneficiary pays any Expenses, such Expenses shall
<br />be additional Indebtedness secured hereby and shall become immediately due and
<br />payable without notice and with interest thereon at the default rate specified in the
<br />Note.
<br />(e) In the event that Grantor shall fail to timely comply with the provisions
<br />of this paragraph 39, Beneficiary may, but shall not be obligated to, either [i] declare
<br />that an event of default shall have occurred, and/or [ii] in additian to any rights granted
<br />to Beneficiary hereunder, do or cause to be done whatever is necessary to cause the
<br />Premises to comply with the applicable law, rule, regulation or order, and the cost
<br />thereof shall be additional Indebtedness secured hereby, and shall became immediately
<br />due and payable without notice and with interest thereon at the default rate specified in
<br />the Note. Grantor shall give Beneficiary and its agents and employees access to the
<br />Premises far the purpose of effecting such compliance and hereby specifically grants
<br />to Beneficiary an irrevocable license, effective [x] immediately if, in the opinion of
<br />Beneficiary, irreparable harm to the environment, the Premises, or persons or material
<br />amounts of Premises is imminent, or [y] otherwise, upon expiration of the applicable
<br />cure period, to do whatever necessary to cause the Premises to so comply, including,
<br />without limitation, to enter the Premises and remove therefrom any Hazardous
<br />Materials. Grantor shall pay or reimburse Beneficiary far any and all loss, cost,
<br />damage and expense (including, without limitation, attorneys' fees and costs incurred
<br />in the investigation, defense and settlement of claims) that Beneficiary may incur as a
<br />result of or in connection with the assertion against Beneficiary of any claims relating
<br />to the presence or removal of any Hazardous Material, or campliance with any federal,
<br />state or local laws, rules, regulations or orders relating thereto, and the amount(s)
<br />thereof shall be additional Indebtedness secured hereby and shall become immediately
<br />due and payable without notice and with interest thereon at the default rate specified in
<br />the Note..
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