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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 /> Indemnitee 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 lndemnitees 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 /> Deed of Trust, or in monitoring and participating in any legal or administrative <br /> proceeding <br /> Trustor's obligation to indemnify the lndemnitees shall not be limited or impaired <br /> by any of the following or by any failure of Trustor to receive notice of or consideration <br /> for any of the following- (i) any amendment or modification of any City Document, (ii) <br /> any extensions of time for performance required by any City Document; (iii) any <br /> provision in any of the City Documents limiting Beneficiary's recourse to property <br /> securing the Secured Obligations, or limiting the personal liability of Trustor, or any <br /> other party for payment of all or any part of the Secured Obligations; (iv) the accuracy or <br /> inaccuracy of any representation and warranty made by Trustor under this Deed of <br /> Trust or by Trustor or any other party under any City Document, (v) the release of <br /> Trustor or any other person, by Beneficiary or by operation of law, from performance of <br /> any obligation under any City Document, (vi) the release or substitution in whole or in <br /> part of any security for the Secured Obligations, and (vii) Beneficiary's failure to properly <br /> perfect any lien or security interest given as security for the Secured Obligations <br /> 10 <br /> OAK #4847-7399-4286 v5 <br />