RES 17969 - Laserfiche WebLink

Notwithstanding any contrary provision hereof, the indemnity provided in this Section 7 11 shall not apply to Claims arising in connection with or resulting from Hazardous Materials present on the Land or in the Improvements prior to the Effective Date as identified in that certain Hazardous Materials Assessment dated July 23, 2015 prepared by S Tech Consulting, LLC except Claims resulting from or arising in connection with the negligent act or omission of Trustor or relating to or arising in connection with the demolition of existing improvements on the Land including without limitation, the release, transportation or disposal of Hazardous Materials in connection with such demolition The provisions of this Section 7 11 shall be in addition to any and all other obligations and liabilities that Trustor may have under applicable law, and each Indemnitee shall be entitled to indemnification under this Section without regard to whether Beneficiary or that Indemnitee has exercised any rights against the Property or any other security, pursued any rights against any guarantor or other party, or pursued any other rights available under any City Document or applicable law The obligations of Trustor to indemnify the Indemnitees under this Section shall survive any repayment or discharge of the Secured Obligations, any foreclosure proceeding, any foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the lien of this Deed of Trust Without limiting any of the remedies provided in this Deed of Trust, Trustor acknowledges and agrees that each of the provisions in this Section 7 11 is an environmental provision (as defined in Section 736(f)(2) of the California Code of Civil Procedure) made by Trustor relating to real property security (the "Environmental Provisions"), and that Trustor's failure to comply with any of the Environmental Provisions will be a breach of contract that will entitle Beneficiary to pursue the remedies provided by Section 736 of the California Code of Civil Procedure ("Section 736") for the recovery of damages and for the enforcement of the Environmental Provisions Pursuant to Section 736, Beneficiary's action for recovery of damages or enforcement of the Environmental Provisions shall not constitute an action within the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money judgment for a deficiency or a deficiency judgment within the meaning of Sections 580a, 580b, 580d, or 726(b) of the California Code of Civil Procedure "Hazardous Materials" means any substance, material or waste which is or becomes regulated by any federal, state or local governmental authority, and includes without limitation (i) petroleum or oil or gas or any direct or indirect product or by- product thereof, (ii) asbestos and any material containing asbestos, (iii) any substance, material or waste regulated by or listed (directly or by reference) as a "hazardous substance", "hazardous material", "hazardous waste", "toxic waste", "toxic pollutant", "toxic substance", "solid waste" or "pollutant or contaminant" in or pursuant to, or similarly identified as hazardous to human health or the environment in or pursuant to, the Toxic Substances Control Act [15 U S C Section 2601, et seq.], the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S C Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U S C Section 5101, et seq ], the Resource Conservation and Recovery Act [42 U.S.0 Section 6901, 11 OAK #4847-7399-4286 v5