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under,or about the Mortgaged Property. The Borrower shall promptly take any and all necessary action in
<br /> response to the presence,storage,use,disposal,transportation or discharge of any Hazardous Materials in,
<br /> on,under or about the Mortgaged Property by the Borrower or persons acting on behalf of or at the direction
<br /> of the Borrower as all applicable laws, rules, regulations, or ordinances may require. In the event the
<br /> Borrower undertakes any remedial action with respect to any Hazardous Materials on, under or about the
<br /> Mortgaged Property,the Borrower shall immediately notify the City and the Trustee of any such remedial
<br /> action,and shall conduct and complete such remedial action(A)in compliance with all applicable federal,
<br /> state and local laws,regulations,rules,ordinances and policies,(B)to the reasonable satisfaction of the City
<br /> and(C)in accordance with the orders and directives of all federal,state and local governmental authorities.
<br /> The Borrower shall protect,indemnify and hold the City,the Trustee and the Holders of the
<br /> Bonds and their officers,employees and agents,harmless from and against any and all claims,proceedings,
<br /> lawsuits, liabilities, damages, losses, fines, penalties,judgments, settlements, awards, costs and expenses
<br /> (including,without limitation,reasonable attorneys fees and costs and expenses of investigation and proof)
<br /> which arise out of or relate in any way to any generation,use,handling,production,transportation,disposal
<br /> or storage of any Hazardous Materials in, on, under, or about the Mortgaged Property by the Borrower or
<br /> any person acting on behalf of or at the direction of the Borrower, including, without limitation: (i) all
<br /> foreseeable and all unforeseeable consequential damages directly or indirectly arising out of(A)the use,
<br /> generation, storage, discharge or disposal of Hazardous Materials by the Borrower, or persons acting on
<br /> behalf of or at the direction of the Borrower,or(B)any residual contamination affecting any natural resource
<br /> or the environment,and(ii)the costs of any required or necessary repair,cleanup,or detoxification of the
<br /> Mortgaged Property and the preparation of any closure or other required plans(all such costs,damages,and
<br /> expenses referred to in this Section referred to as"Expenses"). In addition,the Borrower agrees that in the
<br /> event any Hazardous Material is caused to be removed from the Mortgaged Property by the Borrower,the
<br /> City, or any other person or entity, such Hazardous Material shall be considered generated,transported or
<br /> disposed of solely in the name of the Borrower and the Borrower shall assume any and all liability for such
<br /> removed Hazardous Material. The indemnification of the City,the Trustee and the Holders of the Bonds by
<br /> the Borrower shall be a continuing indemnification and shall remain in full force and effect notwithstanding
<br /> the expiration or termination of this Agreement.
<br /> As used herein, the term Hazardous Material shall mean: (i) oil, flammable substances,
<br /> explosives, radioactive materials,hazardous wastes or substances,toxic wastes or substances or any other
<br /> substances,materials or pollutants which(1)pose a hazard to the Mortgaged Property,to adjacent premises
<br /> or to persons on or about the Mortgaged Property or adjacent premises, (2) substances which cause the
<br /> Mortgaged Property to be in violation of any local, state or federal law, rule, regulation or ordinance, or
<br /> (3) substances which are defined as or included in the definition of"hazardous substances," "hazardous
<br /> wastes,""hazardous materials,"or"toxic substances"or words of similar import under any applicable local,
<br /> state or federal law or under the regulations,policy guidelines or other publications adopted or promulgated
<br /> pursuant thereto, including, but not limited to: (A) the Comprehensive Environmental Response
<br /> Compensation and Liability Act of 1980,as amended,42 U.S.C.§9601,et seq.;(B)the Hazardous Materials
<br /> Transportation Act,as amended,49 U.S.C.§ 1101,et seq.;(C)the Resource Conservation and Recovery Act,
<br /> as amended,42 U.S.C. § 6901, et seq.; (D)the Clean Air Act,42 U.S.C. § 7412; (E)the Toxic Substance
<br /> Control Act, 15 U.S.C. § 2601 et seq.; (F)the Clean Water Act, 33 U.S.C. § 1317 and 1321(b)(2)A and
<br /> (G)rules, regulations, ordinances and other publication adopted or promulgated pursuant to the aforesaid
<br /> laws; (ii)asbestos in any form which is or could become friable, urea formaldehyde foam insulation, and
<br /> (iii)any other chemical,material or substance,exposure to which is prohibited,limited or regulated by any
<br /> governmental authority or may or could pose a hazard to the health and safety or property interests of the
<br /> Borrower or its employees, the occupants of the Mortgaged Property or the owners and/or occupants of
<br /> property adjacent to or surrounding the Mortgaged Property.
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