A GOVERNMENTAL ENTITY) RELATING IN ANY
WAY TO HAZARDOUS SUBSTANCES OR REMEDIATION THEREOF, POSSIBLE LIABILITY OF ANY
PERSON PURSUANT TO ANY ENVIRONMENTAL LAW, OTHER ENVIRONMENTAL CONDITIONS IN
CONNECTION WITH THE PROPERTY, OR ANY ACTUAL OR POTENTIAL ADMINISTRATIVE OR
JUDICIAL PROCEEDINGS IN CONNECTION WITH ANYTHING REFERRED TO IN THIS ARTICLE 8.
SECTION 8.3.
LENDER'S RIGHTS. IN THE EVENT
THAT LENDER HAS A GOOD FAITH REASON TO BELIEVE BASED UPON CREDIBLE EVIDENCE OR
INFORMATION THAT AN ENVIRONMENTAL HAZARD EXISTS ON THE PROPERTY, UPON REASONABLE
NOTICE FROM LENDER, BORROWER SHALL, AT BORROWER'S EXPENSE, PROMPTLY CAUSE AN
ENGINEER OR CONSULTANT SATISFACTORY TO LENDER TO CONDUCT ANY ENVIRONMENTAL
ASSESSMENT OR AUDIT (THE SCOPE OF WHICH SHALL BE DETERMINED IN LENDER'S SOLE AND
ABSOLUTE DISCRETION) AND TAKE ANY SAMPLES OF SOIL, GROUNDWATER OR OTHER WATER,
AIR, OR BUILDING MATERIALS OR ANY OTHER INVASIVE TESTING REQUESTED BY LENDER AND
PROMPTLY DELIVER THE RESULTS OF ANY SUCH ASSESSMENT, AUDIT, SAMPLING OR OTHER
TESTING; PROVIDED, HOWEVER, IF SUCH RESULTS ARE NOT DELIVERED TO LENDER WITHIN A
REASONABLE PERIOD, UPON REASONABLE NOTICE TO BORROWER, LENDER AND ANY OTHER
PERSON DESIGNATED BY LENDER, INCLUDING BUT NOT LIMITED TO ANY RECEIVER, ANY
REPRESENTATIVE OF A GOVERNMENTAL ENTITY, AND ANY ENVIRONMENTAL CONSULTANT, SHALL
HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ENTER UPON THE PROPERTY AT ALL
REASONABLE TIMES TO ASSESS ANY AND ALL ASPECTS OF THE ENVIRONMENTAL CONDITION OF
THE PROPERTY AND ITS USE, INCLUDING BUT NOT LIMITED TO CONDUCTING ANY
ENVIRONMENTAL ASSESSMENT OR AUDIT (THE SCOPE OF WHICH SHALL BE DETERMINED IN
LENDER'S SOLE AND ABSOLUTE DISCRETION) AND TAKING SAMPLES OF SOIL, GROUNDWATER
OR OTHER WATER, AIR, OR BUILDING MATERIALS, AND REASONABLY CONDUCTING OTHER
INVASIVE TESTING. BORROWER SHALL COOPERATE WITH AND PROVIDE ACCESS TO LENDER AND
ANY SUCH PERSON DESIGNATED BY LENDER.
ARTICLE 9
INDEMNIFICATIONS
SECTION 9.1.
GENERAL INDEMNIFICATION. BORROWER
SHALL, AT ITS SOLE COST AND EXPENSE, PROTECT, DEFEND, INDEMNIFY, RELEASE AND
HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS,
SUITS, LIABILITIES (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITIES), ACTIONS,
PROCEEDINGS, OBLIGATIONS, DEBTS, DAMAGES, LOSSES, COSTS, EXPENSES, DIMINUTIONS
IN VALUE, FINES, PENALTIES, CHARGES, FEES, EXPENSES, JUDGMENTS, AWARDS, AMOUNTS
PAID IN SETTLEMENT, PUNITIVE DAMAGES, FORESEEABLE AND
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UNFORESEEABLE CONSEQUENTIAL DAMAGES, OF WHATEVER KIND OR NATURE (INCLUDING BUT
NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND OTHER COSTS OF DEFENSE)
(COLLECTIVELY, THE "LOSSES") IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY
INDEMNIFIED PARTIES AND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY
RELATING TO ANY ONE OR MORE OF THE FOLLOWING: (A) OWNERSHIP OF THIS MORTGAGE,
THE PROPERTY OR ANY INTEREST THEREIN OR RECEIPT OF ANY RENTS; (B) ANY AMENDMENT
TO, OR RESTRUCTURING OF, THE DEBT, AND THE NOTE, THE LOAN AGREEMENT, THIS
MORTGAGE, OR ANY OTHER LOAN DOCUMENTS; (C) ANY AND ALL LAWFUL ACTION THAT MAY BE
TAKEN BY LENDER IN CONNECTION WITH THE ENFORCEMENT OF THE PROVISIONS OF THIS
MORTGAGE OR THE LOAN AGREEMENT OR THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS,
WHETHER OR NOT SUIT IS FILED IN CONNECTION WITH SAME, OR IN