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Trustor shall not cause or permit any Hazardous Material (as defined below) to <br /> be brought upon, kept, stored or used in, on, under, or about the Land by Trustor, its <br /> agents, employees, contractors or invitees except for incidental supplies ordinarily used <br /> in connection with the construction, rehabilitation, repair, and operation of multi-family <br /> residential developments and in compliance with all applicable laws, and shall not cause <br /> any release of Hazardous Materials into, onto, under or through the Land. If any <br /> Hazardous Material is discharged, released, dumped, or spilled in, on, under, or about <br /> the Land and results in any contamination of the Land or adjacent property, or otherwise <br /> results in the release or discharge of Hazardous Materials in, on, under or from the <br /> Land, Trustor shall promptly take all actions at its sole expense as are necessary to <br /> comply with all Environmental Laws (as defined below). <br /> To the greatest extent permitted by law, Trustor shall indemnify, defend (with <br /> counsel reasonably acceptable to Beneficiary), and hold Beneficiary and its elected and <br /> appointed officials, officers, agents and employees (collectively, "Indemnitees") <br /> harmless from and against any and all loss, claim, liability, damage, demand, judgment, <br /> order, penalty, fine, injunctive or other relief, cost, expense (including reasonable fees <br /> and expenses of attorneys, expert witnesses, and other professionals advising or <br /> assisting Beneficiary), action, or cause of action (all of the foregoing, hereafter <br /> individually "Claim" and collectively "Claims") arising in connection with the breach of <br /> Trustor's covenants and obligations set forth in this Section 7.11 or otherwise arising in <br /> connection with the presence or release of Hazardous Materials in, on, under, or from <br /> the Property, provided that no Indemnitee shall be entitled to indemnification under this <br /> Section for matters caused by such Indemnitee's gross negligence or willful misconduct. <br /> The foregoing indemnity includes, without limitation, all costs of investigation, <br /> assessment, containment, removal, remediation of any kind, and disposal of Hazardous <br /> Materials, all costs of determining whether the Land is in compliance with Environmental <br /> Laws, all costs associated with bringing the Land into compliance with all applicable <br /> Environmental Laws, and all costs associated with claims for damages or injury to <br /> persons, property, or natural resources. <br /> Without limiting the generality of the foregoing, Trustor shall, at Trustor's own <br /> cost and expense, do all of the following: <br /> a. pay or satisfy any judgment or decree that may be entered against any <br /> lndemnitee or Indemnitees in any legal or administrative proceeding incident to any <br /> matters against which Indemnitees are entitled to be indemnified under this Deed of <br /> Trust; <br /> b. reimburse Indemnitees for any expenses paid or incurred in connection <br /> with any matters against which Indemnitees are entitled to be indemnified under this <br /> Deed of Trust; and <br /> c. reimburse Indemnitees for any and all expenses, including without <br /> limitation out-of-pocket expenses and fees of attorneys and expert witnesses, paid or <br /> incurred in connection with the enforcement by Indemnitees of their rights under this <br /> 10 <br /> OAK #4847-7399-4286 v5 <br />