Common use of Hazardous Material Indemnity Clause in Contracts

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (a) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Creditors and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by any of the Administrative Agent or any LenderCreditors, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly indirectly, in whole or in part, out of (ai) the presence on, in, on or under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, on or under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, on or under or about any Real Property, or affecting any natural resources, and to any contamination of any Property property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee No claim giving rise for indemnification under this Section 11.22 shall survive the expiration be settled without Borrower's prior written consent, which consent shall not be unreasonably withheld or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lendersdelayed.

Hazardous Material Indemnity. Borrower hereby agrees Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to indemnifybe brought upon, hold harmless and defend (kept, or used in or about the Premises by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directorsTenant, officersits agents, employees, agentscontractors or invitees, successors without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and assigns shall be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, the Building and/or the Property, or if contamination of the Premises, the Building and/or the Property by Hazardous Material otherwise occurs, for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord and its Mortgagee(s) harmless from and against any and all claims, lossesjudgments, damages, liabilitiespenalties, fines, penaltiescosts, chargesliabilities or losses (including, administrative and judicial proceedings and orderswithout limitation, judgmentsdiminution in value of the Premises, remedial action requirementsthe Building and/or the Property, enforcement actions damages for the loss or restriction on use of rentable or usable space or of any kindamenity of the Premises, the Building and/or the Property, damages arising from any adverse impact on marketing of space, and all reasonable sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord and its Mortgagee(s) by Tenant includes, without limitation, costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs with any investigation of attorneys employed by the Administrative Agent site conditions or any Lendercleanup, and expenses to remedial, removal, or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the extent that soil or ground water on or under the defense of any such action has not been assumed by Borrower)Building. Without limiting the foregoing, arising directly or indirectly out of (a) if the presence on, in, under or about any Real Property of any Hazardous MaterialsMaterial on the Premises, the Building and/or the Property caused or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property permitted by Borrower, any other Obligor or any of their predecessors Tenant results in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any the Premises, the Building and/or the Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building and/or the Property or natural resources arising in connection with to the generation, use, handling, storage, transport or disposal condition existing prior to the introduction of any such Hazardous MaterialsMaterial to the Premises, and irrespective of whether any the Building and/or the Property; provided that Landlord's approval of such activities were or will actions shall first be undertaken in accordance with applicable Lawsobtained, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited obligations of Borrower and approval shall not be secured by unreasonably withheld so long as such actions would not potentially have any Lien material adverse long-term or short-term effect on any Real Property. Any obligation the Premises or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the LendersBuilding.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 11.21 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their Affiliates and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property Projects of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property Projects and (bii) any activity carried on or undertaken on or off any Real Property Projects by Borrower, any other Obligor Borrower or Guarantor or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons Persons at any time occupying or present on any Real PropertyProject, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real PropertyProject. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real PropertyProject, or affecting any natural resources, and to any contamination of any Property Project or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real PropertyProject, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real PropertyProject. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and all Letters of Credit and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower Each of Borrowers hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by BorrowerParent, any other Obligor the Borrowers, the Restricted Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title such Person or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower Borrowers hereby acknowledges acknowledge and agrees agree that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower Borrowers under this Section (and under Sections 4.18 and 6.10) shall be unlimited corporate obligations of Borrower Borrowers and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent, the Collateral Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower Each of Borrowers hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrowers or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrowers or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrowers or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower Borrowers hereby acknowledges acknowledge and agrees agree that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower Borrowers under this Section (and under Sections 4.18 and 5.10) shall be unlimited corporate obligations of Borrower Borrowers and shall not NOT be secured by any Lien on any Real Property. Any obligation or liability of Borrower Borrowers to any Indemnitee under this Section 11.22 14.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, Borrower or any other Obligor of its Subsidiaries or any of their respective predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, Borrower or any other Obligor of its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, Borrower or any other Obligor of its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.11) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower and each Co-Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks (and any successor to a Bank) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrower and the Co-Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other than a Bank or a representative of a Bank), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property; provided that, anything to the contrary herein notwithstanding (including Exhibit H), the liability of Detroit shall be limited to that portion of the Obligations which are used, directly or indirectly, to finance the design, development, construction or operation of the Detroit Project or which are actually borrowed or received by Detroit. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower and each Co-Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower and the Co-Borrowers under this Section (and under Sections 4.18 and 5.9) shall be unlimited corporate obligations of Borrower and the Co-Borrowers and shall not be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower and the Co-Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower and each Co-Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders (and any successor to a Lender) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrower and the Co-Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other than a Lender or a representative of a Lender), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property; provided that, anything to the contrary herein notwithstanding (including Exhibit K), the liability of Detroit shall be limited to that portion of the Obligations which are actually borrowed or received by Detroit. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower and each Co-Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower and the Co-Borrowers under this Section (and under Sections 4.17 and 5.4, with respect to compliance with Hazardous Materials Laws) shall be unlimited corporate obligations of Borrower and the Co-Borrowers and shall not be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower and the Co-Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (a) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property by Borrower, Parent, any other Obligor Subsidiary of Borrower or Parent or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, Parent, any other Obligor Subsidiary of Borrower or Parent or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, Parent, any other Obligor Subsidiary of Borrower or Parent or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property, except to the extent any of the foregoing results from the gross negligence or willful misconduct of any indemnified person. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 11.21 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Creditors and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by any of the Administrative Agent or any LenderCreditors, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly indirectly, in whole or in part, out of (ai) the presence on, in, on or under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, on or under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, on or under or about any Real Property, or affecting any natural resources, and to any contamination of any Property property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee No claim giving rise for indemnification under this Section 11.22 shall survive the expiration be settled without Borrower's prior written consent, which consent shall not be unreasonably withheld or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.delayed. 11.24

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by BorrowerXxxxxxxx), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 11.21 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.14) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their Affiliates and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property Projects of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property Projects and (bii) any activity carried on or undertaken on or off any Real Property Projects by Borrower, Borrower or any other Obligor Loan Party or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons Persons at any time occupying or present on any Real PropertyProject, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real PropertyProject. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real PropertyProject, or affecting any natural resources, and to any contamination of any Property Project or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real PropertyProject, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real PropertyProject. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and all Letters of Credit and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders (and any successor to a Lender) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to INCLUDING reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (OTHER THAN a Lender or a representative of a Lender), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.11) shall be unlimited corporate obligations of Borrower and shall not NOT be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 12.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.12) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 12.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower and each Co-Borrower ---------------------------- hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks (and any successor to a Bank) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of --------- attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrower and the Co-Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other ----- than a Bank or a representative of a Bank), in connection with the handling, ---- treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property; provided that, anything to the contrary herein -------- notwithstanding (including Exhibit J), the liability of Detroit shall be limited to that portion of the Obligations which are used, directly or indirectly, to finance the design, development, construction or operation of the Detroit Project or which are actually borrowed or received by Detroit. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower and each Co-Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower and the Co-Borrowers under this Section (and under Sections 4.18 and 5.9) shall be unlimited corporate obligations of Borrower and the Co-Borrowers and shall not be secured by any Lien deed of trust or mortgage on any Real Property. --- Any obligation or liability of Borrower and the Co-Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory Landlord represents that to the Administrative Agentbest of its knowledge, the Premises are free of Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept, or used in or about the Administrative Agent and each of the Lenders and their respective directorsPremises by Tenant, officersits agents, employees, agentscontractors or invitees, successors without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and assigns will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, the Building and/or the Property, or if contamination of the Premises, the Building and/or the Property by Hazardous Material otherwise occurs, for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord and its Mortgagee(s) harmless from and against any and all claims, lossesjudgments, damages, liabilitiespenalties, fines, penaltiescosts, chargesliabilities or losses (including, administrative and judicial proceedings and orderswithout limitation, judgmentsdiminution in value of the Premises, remedial action requirementsthe Building and/or the Property, enforcement actions damages for the loss or restriction on use of rentable or usable space or of any kindamenity of the Premises, the Building and/or the Property, damages arising from any adverse impact on marketing of space, and all reasonable sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord and its Mortgagee(s) by Tenant includes, without limitation, costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs with any investigation of attorneys employed by the Administrative Agent site conditions or any Lendercleanup, and expenses to remedial, removal, or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the extent that soil or ground water on or under the defense of any such action has not been assumed by Borrower)Building. Without limiting the foregoing, arising directly or indirectly out of (a) if the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried Material on or undertaken on or off any Real Property by Borrower, any other Obligor or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about any Real PropertyPremises, the presence of which is Building and/or the Property caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.permitted by

Hazardous Material Indemnity. Borrower and each Co-Borrower ---------------------------- hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks (and any successor to a Bank) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of --------- attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrower and the Co-Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other ----- than a Bank or a representative of a Bank), in connection with the handling, ---- treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property; provided that, anything to the contrary herein -------- notwithstanding (including Exhibit J), the liability of Detroit shall be limited to that portion of the Obligations which are used, directly or indirectly, to finance the design, development, construction or operation of the Detroit Project or which are actually borrowed or received by Detroit. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower and each Co-Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower and the Co-Borrowers under this Section (and under Sections 4.18 and 5.9) shall be unlimited corporate obligations of Borrower and the Co-Borrowers and shall not be secured by any Lien deed of trust or mortgage on any Real Property. --- Any obligation or liability of Borrower and the Co-Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns -102- 109 from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials in, on, in, under or about any Real Property or any other Property, the presence of which is caused by the Administrative Agent or the LendersLenders or any of their respective employees, agents, contractors or subcontractors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower Each of Borrowers hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrowers or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrowers or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrowers or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersBanks. Borrower Borrowers hereby acknowledges acknowledge and agrees agree that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower Borrowers under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower Borrowers and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.this

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent Lender and each of the Lenders and their respective its directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersLender. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the LendersLender.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials in, on, in, under or about any Real Property or any other Property, the presence of which is caused by the Administrative Agent or the LendersBanks or any of their respective employees, agents, contractors or subcontractors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.12) shall be unlimited corporate obligations of Borrower and shall not NOT be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower Each of Borrowers hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrowers or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrowers or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrowers or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower Borrowers hereby acknowledges acknowledge and agrees agree that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower Borrowers under this Section (and under Sections 4.18 and 5.10) shall be unlimited corporate obligations of Borrower Borrowers and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower Borrowers to any Indemnitee under this Section 11.22 14.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.11) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 12.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property Projects of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property Projects and (bii) any activity carried on or undertaken on or off any Real Property Projects by Borrower, Borrower or any other Obligor Loan Party or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons at any time occupying or present on any Real PropertyProject, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real PropertyProject. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real PropertyProject, or affecting any natural resources, and to any contamination of any Property Project or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real PropertyProject, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real PropertyProject. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to ---------------------------- indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (a) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property by Borrower, Parent, any other Obligor Subsidiary of Borrower or Parent or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, Parent, any other Obligor Subsidiary of Borrower or Parent or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, Parent, any other Obligor Subsidiary of Borrower or Parent or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property, except to the extent any of the foregoing results from the gross negligence or willful misconduct of any indemnified person. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower and each Co-Borrower ---------------------------- hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks (and any successor to a Bank) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of --------- attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrower and the Co-Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other ----- than a Bank or a representative of a Bank), in connection with the handling, ---- treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower and each Co-Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower and the Co-Borrowers under this Section (and under Sections 4.18 and 5.11) shall be unlimited corporate obligations of Borrower and the Co-Borrowers and shall not be secured by any Lien deed of trust or mortgage on --- any Real Property. Any obligation or liability of Borrower and the Co-Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property Projects of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property Projects and (bii) any activity carried on or undertaken on or off any Real Property Projects by Borrower, Borrower or any other Obligor Loan Party or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons at any time occupying or present on any Real PropertyProject, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real PropertyProject. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real PropertyProject, or affecting any natural resources, and to any contamination of any Property Project or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real PropertyProject, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real PropertyProject. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their Affiliates and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property Projects of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property Projects and (bii) any activity carried on or undertaken on or off any Real Property Projects by Borrower, any other Obligor Borrower or Guarantor or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons Persons at any time occupying or present on any Real PropertyProject, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real PropertyProject. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real PropertyProject, or affecting any natural resources, and to any contamination of any Property Project or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real PropertyProject, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real PropertyProject. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders (and any successor to a Lender) and their respective Affiliates, directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their predecessors predecessor in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other than a Lender or a representative of a Lender), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and the obligations of Borrower under Sections 4.24 and 5.10) shall be unlimited obligations of Borrower and shall not be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to indemnifybe brought upon, hold harmless and defend (kept, or used in or about the Premises by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directorsTenant, officersits agents, employees, agentscontractors or invitees, successors without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and assigns shall be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, the Building and/or the Property, or if contamination of the Premises, the Building and/or the Property by Hazardous Material otherwise occurs, for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord and its Mortgagee(s) harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, the Building and/or the Property, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord and its Mortgagee(s) by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Building. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises, the Building and/or the Property caused or permitted by Tenant results in any contamination of the Premises, the Building and/or the Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building and/or the Property to the condition existing prior to the introduction of any such Hazardous Material to the Premises, the Building and/or the Property; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises or the Building. To the best of Landlord's knowledge, based solely on the environmental report prepared by Schnxxxx Xxxineering dated May 28, 1999, a copy of which has been delivered by Landlord to Tenant, as of date of this Lease and as of the Commencement Date, Landlord represents that there are not now and will be no Hazardous Materials in the Premises, the Building or on the Property. Landlord shall indemnify and hold Tenant harmless from and against any and all claims, lossesjudgments, damages, liabilitiespenalties, fines, penaltiescosts, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent liabilities or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (a) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of losses resulting from any Hazardous Materials oncontamination which are not caused by Tenant, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property by BorrowerTenant's agents, any other Obligor or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Propertyinvitees. The foregoing indemnity Landlord shall further apply take prompt measures to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of remediate any such Hazardous Materialscontamination in full compliance with all applicable laws, statutes, ordinances and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lendersregulations.

Hazardous Material Indemnity. Borrower hereby agrees to ---------------------------- indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence presence, on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence presence, release, discharge, etc. of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and ----- the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirementsrequire ments, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, Borrower or any other Obligor of its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, Borrower or any other Obligor of its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, Borrower or any other Obligor of its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to ---------------------------- indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders (and any successor to a Lender) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable --------- attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other than a Lender or a ----- ---- representative of a Lender), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien deed --- of trust or mortgage on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower Each of Borrowers hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by BorrowerParent, any other Obligor the Borrowers, the Restricted Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title such Person or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower Borrowers hereby acknowledges acknowledge and agrees agree that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower Borrowers under this Section (and under Sections 4.18 and 6.10) shall be unlimited corporate obligations of Borrower Borrowers and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.11) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.Real

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Managing Agent) the Administrative Managing Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to INCLUDING reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Managing Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Managing Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.11) shall be unlimited corporate obligations of Borrower and shall not NOT be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower Borrowers hereby agrees agree to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirementsrequire ments, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrowers or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrowers or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrowers or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower Borrowers hereby acknowledges acknowledge and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower Borrowers under this Section shall be unlimited corporate obligations of Borrower Borrowers and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (a) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent, the Co-Agent and each of the Lenders Banks and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, -92- penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent, the Co-Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly indirectly, in whole or in part, out of (ai) the presence on, in, on or under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, on or under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, on or under or about any Real Property, or affecting any natural resources, and to any contamination of any Property property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused solely by the Administrative Agent, the Co-Agent or the LendersBanks. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited personal corporate obligations of Borrower and shall not be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and 108 against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property Projects of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property Projects and (bii) any activity carried on or undertaken on or off any Real Property Projects by Borrower, Borrower or any other Obligor Loan Party or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons Persons at any time occupying or present on any Real PropertyProject, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real PropertyProject. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real PropertyProject, or affecting any natural resources, and to any contamination of any Property Project or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real PropertyProject, the presence of which is caused by the Administrative Agent or the LendersBanks. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real PropertyProject. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and all Letters of Credit and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their and their Affiliates and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property Projects of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property Projects and (bii) any activity carried on or undertaken on or off any Real Property Projects by Borrower, Borrower or any other Obligor Loan Party or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons at any time occupying or present on any Real PropertyProject, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real PropertyProject. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real PropertyProject, or affecting any natural resources, and to any contamination of any Property Project or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real PropertyProject, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real PropertyProject. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks and their Affiliates and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property Projects of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property Projects and (bii) any activity carried on or undertaken on or off any Real Property Projects by Borrower, Borrower or any other Obligor Loan Party or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in titlethereof, or any third persons Persons at any time occupying or present on any Real PropertyProject, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real PropertyProject. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real PropertyProject, or affecting any natural resources, and to any contamination of any Property Project or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real PropertyProject, the presence of which is caused by the Administrative Agent or the LendersBanks. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.10) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real PropertyProject. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and all Letters of Credit and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees to ---------------------------- indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, Borrower or any other Obligor of its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, Borrower or any other Obligor of its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, Borrower or any other Obligor of its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be --- secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration ----- or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. The Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders (and any successor to a Lender) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by the Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by the Borrower, any other Obligor its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by the Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of the Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other than a Lender or a representative of a Lender), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. The Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of the Borrower under this Section (and under Sections 4.19 and 5.11) shall be unlimited corporate obligations of the Borrower and shall not be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of the Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to ---------------------------- indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Managing Agent) the Administrative Managing Agent and each of the Lenders Banks (and any successor to a Bank) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees --------- and the reasonably allocated costs of attorneys employed by the Administrative Managing Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other than a Bank or a representative of a Bank), in ----- ---- connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Managing Agent or the LendersBanks. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.11) shall be unlimited corporate obligations of ---- ---- Borrower and shall not be secured by any Lien deed of trust on any Real Property. --- Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to indemnifybe brought upon, hold harmless and defend (kept, or used in or about the Premises by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directorsTenant, officersits agents, employees, agentscontractors or invitees, successors without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and assigns shall be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, the Building and/or the Property, or if contamination of the Premises, the Building and/or the Property by Hazardous Material otherwise occurs, for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord and its Mortgagee(s) harmless from and against any and all claims, lossesjudgments, damages, liabilitiespenalties, fines, penaltiescosts, chargesliabilities or losses (including, administrative and judicial proceedings and orderswithout limitation, judgmentsdiminution in value of the Premises, remedial action requirementsthe Building and/or the Property, enforcement actions damages for the loss or restriction on use of rentable or usable space or of any kindamenity of the Premises, the Building and/or the Property, damages arising from any adverse impact on marketing of space, and all reasonable sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord and its Mortgagee(s) by Tenant includes, without limitation, costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs with any investigation of attorneys employed by the Administrative Agent site conditions or any Lendercleanup, and expenses to remedial, removal, or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the extent that soil or ground water on or under the defense of any such action has not been assumed by Borrower)Building. Without limiting the foregoing, arising directly or indirectly out of (a) if the presence on, in, under or about any Real Property of any Hazardous MaterialsMaterial on the Premises, the Building and/or the Property caused or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property permitted by Borrower, any other Obligor or any of their predecessors Tenant results in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any the Premises, the Building and/or the Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building and/or the Property or natural resources arising in connection with to the generation, use, handling, storage, transport or disposal condition existing prior to the introduction of any such Hazardous MaterialsMaterial to the Premises, and irrespective of whether any the Building and/or the Property; provided that Landlord's approval of such activities were or will actions shall first be undertaken in accordance with applicable Lawsobtained, but the foregoing indemnity which approval shall not apply to Hazardous Materials on, in, under be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or about any Real Propertyshort-term effect on the Premises or the Building. As used herein, the presence of term "Hazardous Material" means any hazardous or toxic substance, material or waste which is caused or becomes regulated by any local governmental authority, the Administrative Agent State of Maryland or the LendersUnited States Government. Borrower hereby acknowledges The term "Hazardous Material" includes, without limitation, any material or substance that is (i) defined as a "hazardous substance" under the laws of the State of Maryland, (ii) petroleum, (iii) asbestos, (iv) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1321), (v) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and agrees thatRecovery Act, notwithstanding 42 U.S.C. §§ 6901 et seq. (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C. §§ 6991 et seq. 47. Americans With Disabilities Act. Notwithstanding any other provision provisions contained in this Lease and with the purpose of this Agreement or superseding any of the other Loan Documents such provisions herein that might be construed to the contrary, it is the intent of Landlord and Tenant that at all times while this Lease shall be in effect that the following provisions shall be deemed their specific agreement as to how the responsibility for compliance (and cost) with the Americans With Disabilities Act and amendments to same ("ADA"), both as to the Premises and the Property, shall be allocated between them, namely: 47.1 Landlord and Tenant agree to cooperate together in the initial design, planning and preparation of specifications for construction of the Premises so that same shall be in compliance with the A. Any costs associated with assuring that the plans and specifications for the construction of the Premises are in compliance with the ADA shall be borne by the party whose responsibility it is hereunder to bear the cost of preparation of the plans and specifications. Similarly those costs incurred in the initial construction of the Premises so that same are built in compliance with the ADA shall be included within Tenant's Improvements and handled in the manner as provided for in other Sections of this Lease. 47.2 Subject to Section 47.4, modifications, alterations and/or other changes required to and within the Common Areas which are not capital in nature shall be the responsibility of Landlord to perform and the cost of same shall be considered a part of the Building Expenses and treated as such. 47.3 Subject to Section 47.4, modifications, alterations and/or other changes required to and within the Common Areas which are capital in nature shall be the responsibility of Landlord and at its cost and expense. 47.4 Modifications, alterations and/or other changes required to and within the Common Areas, whether capital in nature or not, which are required as a result of Tenant's specific use of the Premises, as compared to office uses generally, shall be paid by Tenant within thirty (30) days after receipt of an invoice from Landlord, together with reasonable supporting documentation. 47.5 Modifications, alterations and/or other changes required to and within the Premises (after the initial construction of same), whether capital in nature or non-capital in nature, shall be the responsibility of Tenant and at its cost and expense; unless the changes are structural in nature and result from the original design of the Building, in which instance they shall be the responsibility of Landlord and at its cost and expense. Each party hereto shall indemnify and hold harmless the other party from any and all liability, loss, cost or expense arising as a result of a party not fulfilling its obligations of Borrower under as to compliance with the ADA as set forth in this Section shall be unlimited obligations of Borrower and shall not be secured by any Lien on any Real Property47. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders48.

Hazardous Material Indemnity. Borrower hereby agrees to ---------------------------- indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks (and any successor to a Bank) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable --------- attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying occupy- ing or present on any Real PropertyProperty (other than a Bank or a represent- ----- ---- ative of a Bank), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and ---- 5.11) shall be unlimited corporate obligations of Borrower and shall not ---- --- be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to indemnifybe brought upon, hold harmless and defend (kept, or used in or about the Premises by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directorsTenant, officersits agents, employees, agentscontractors or invitees, successors without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant’s business and assigns will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, the Building and/or the Property, or if contamination of the Premises, the Building and/or the Property by Hazardous Material otherwise occurs, for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord and its Mortgagee(s) harmless from and against any and all claims, lossesjudgments, damages, liabilitiespenalties, fines, penaltiescosts, chargesliabilities or losses (including, administrative and judicial proceedings and orderswithout limitation, judgmentsdiminution in value of the Premises, remedial action requirementsthe Building and/or the Property, enforcement actions damages for the loss or restriction on use of rentable or usable space or of any kindamenity of the Premises, the Building and/or the Property, damages arising from any adverse impact on marketing of space, and all reasonable sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord and its Mortgagee(s) by Tenant includes, without limitation, costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs with any investigation of attorneys employed by the Administrative Agent site conditions or any Lendercleanup, and expenses to remedial, removal, or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the extent that soil or ground water on or under the defense of any such action has not been assumed by Borrower)Building. Without limiting the foregoing, arising directly or indirectly out of (a) if the presence on, in, under or about any Real Property of any Hazardous MaterialsMaterial on the Premises, the Building and/or the Property caused or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property permitted by Borrower, any other Obligor or any of their predecessors Tenant results in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any the Premises, the Building and/or the Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises, the Building and/or the Property or natural resources arising in connection with to the generation, use, handling, storage, transport or disposal condition existing prior to the introduction of any such Hazardous MaterialsMaterial to the Premises, and irrespective of whether any the Building and/or the Property; provided that Landlord’s approval of such activities were or will actions shall first be undertaken in accordance with applicable Lawsobtained, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited obligations of Borrower and approval shall not be secured by unreasonably withheld so long as such actions would not potentially have any Lien material adverse long-term or short-term effect on any Real Property. Any obligation the Premises or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the LendersBuilding.

Hazardous Material Indemnity. Borrower and each Co-Borrower ---------------------------- hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks (and any successor to a Bank) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of --------- attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrower and the Co-Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other than a Bank or a representative ---------- of a Bank), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property; provided -------- that, anything to the contrary herein notwithstanding (including Exhibit J), the liability of Detroit shall be limited to that portion of the Obligations which are used, directly or indirectly, to finance the design, development, construction or operation of the Detroit Project or which are actually borrowed or received by Detroit. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower and each Co-Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower and the Co-Borrowers under this Section (and under Sections 4.18 and 5.9) shall be unlimited corporate obligations of Borrower and the Co-Borrowers and shall not be secured --- by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower and the Co-Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent Lender and each of the Lenders and their respective its directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing fore going indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersLender. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not NOT be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the LendersLender.

Hazardous Material Indemnity. Borrower The Borrowers hereby agrees agree to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirementsrequire ments, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrowerthe Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor the Borrowers or any of their its predecessors in title, whether prior to or during the term of this AgreementAgree ment, and whether by Borrower, any other Obligor the Borrowers or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor the Borrowers or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower The Borrowers hereby acknowledges acknowledge and agrees agree that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower the Borrowers under this Section shall be unlimited corporate obligations of Borrower the Borrowers and shall not NOT be secured by any Lien on any Real Property. Any obligation or liability of Borrower the Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders (and any successor to a Lender) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to INCLUDING reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (OTHER THAN a Lender or a representative of a Lender), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.18 and 5.10) shall be unlimited corporate obligations of Borrower and shall not NOT be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Each Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders (and any successor to a Lender) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrowerthe Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor the Domestic Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrowerthe Borrowers, any other Obligor their Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of the Domestic Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty other than a Lender or a representative of a Lender), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Each Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of the Domestic Borrower under this Section (and under Sections 4.19 and 5.11) shall be unlimited corporate obligations of Borrower the Borrowers and shall not be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower the Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans, the expiration or termination of all Letters of Credit and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Creditors and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by any of the Administrative Agent or any LenderCreditors, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly indirectly, in whole or in part, out of (ai) the presence on, in, on or under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, on or under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, on or under or about any Real Property, or affecting any natural resources, and to any contamination of any Property property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not NOT be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee No claim giving rise for indemnification under this Section 11.22 shall survive the expiration be settled without Borrower's prior written consent, which consent shall not be unreasonably withheld or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lendersdelayed.

Hazardous Material Indemnity. Borrower hereby agrees to ---------------------------- indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirementsrequire ments, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be --- secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration ----- or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirementsrequire ments, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent Agent, the Lead Arranger and Sole Book Manager and each of the Lenders Banks and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent Agent, the Lead Arranger and Sole Book Manager or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly indirectly, in whole or in part, out of (ai) the presence on, in, on or under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-clean- up, transport or disposal of any Hazardous Materials at any time located or present on, in, on or under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, on or under or about any Real Property, or affecting any natural resources, and to any contamination of any Property property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused solely by the Administrative Agent Agent, the Lead Arranger and Sole Book Manager or the LendersBanks. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien deed of trust on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower hereby agrees (a) Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to indemnifybe brought upon, hold harmless and defend (kept, or used in or about the demised premises by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directorsTenant, officersits agents, employees, agentscontractors or invitees, successors unless such Hazardous Material is necessary or useful to Tenant's business as conducted on the demised premises and assigns will be used, kept and stored in a manner that complies with all laws and regulations governing any such Hazardous Material so brought upon or used or kept in or about the demised premises; however, Landlord has no obligation, and will not undertake, to insure compliance with any laws regulating the use, storage or disposal of any Hazardous Material, such compliance being the sole responsibility of Tenant. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the demised premises caused or permitted by Tenant results in contamination of the demised premises, or if contamination of the demised premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, lossesjudgments, damages, liabilitiespenalties, fines, penaltiescosts, chargesliabilities or losses (including, administrative and judicial proceedings and orderswithout limitation, judgmentsdiminution in value of the demised premises, remedial action requirements, enforcement actions damages for the loss or restriction on use of rentable or usable space or of any kindamenity of the demised premises, damages arising from any adverse impact on marketing of space, and all reasonable sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Sublease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs with any investigation of attorneys employed by the Administrative Agent site conditions or any Lendercleanup, and expenses to remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the extent that soil or ground water on or under the defense of any such action has not been assumed by Borrower)demised premises. Without limiting the foregoing, arising directly or indirectly out of (a) if the presence on, in, under or about any Real Property of any Hazardous Materials, Material on the demised premises caused or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (b) any activity carried on or undertaken on or off any Real Property permitted by Borrower, any other Obligor or any of their predecessors Tenant results in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generationdemised premises, use, handling, storage, transport or disposal Tenant shall promptly take all actions at its sole expense as are necessary to return the demised premises to the condition existing prior to the introduction of any such Hazardous Materials, and irrespective of whether any Material to the demised premises; provided that Landlord's approval of such activities were or will actions shall first be undertaken in accordance with applicable Lawsobtained, but the foregoing indemnity which approval shall not apply to Hazardous Materials on, in, under be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or about short-term effect on the demised premises. Notwithstanding any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents above to the contrary, Tenant shall have no liability whatsoever for preexisting conditions or for hazardous substances arising from the obligations operations of Borrower under this Section shall be unlimited obligations any other person or entity, unless at the time of Borrower and shall not be secured by any Lien on any Real Property. Any obligation such operations such person or liability entity was an employee, agent, affiliate or independent contractor of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the LendersTenant.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-clean up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the Lenders. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section (and under Sections 4.17 and 5.11) shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.. 11.23

Hazardous Material Indemnity. Borrower Each Credit Party hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any Lender, and expenses to the extent that the defense of any such action has not been assumed by Borrowera Credit Party), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor a Credit Party or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor a Credit Party or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor a Credit Party or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence and/or degree of which is caused by the Administrative Agent or the Lenders. Borrower Each Credit Party hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower the Credit Parties under this Section shall be unlimited corporate obligations of Borrower the Credit Parties and shall not be secured by any Lien on any Real Property. Any obligation or liability of Borrower the Credit Parties to any Indemnitee under this Section 11.22 12.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the Lenders.

Hazardous Material Indemnity. Borrower and each Co-Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks (and any successor to a Bank) and their respective directors, officers, employees, agents, successors employees and assigns agents from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by BorrowerBorrower and the Co-Borrowers), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower its Subsidiaries or any of their predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor its Subsidiaries or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor its Subsidiaries or any predecessor in title, or any third persons at any time occupying or present on any Real PropertyProperty (other than a Bank or a representative of a Bank), in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property; provided that, anything to the contrary herein notwithstanding (including Exhibit J), the liability of Detroit shall be limited to that portion of the Obligations which are used, directly or indirectly, to finance the design, development, construction or operation of the Detroit Project or which are actually borrowed or received by Detroit. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersCreditors. Borrower and each Co- Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower and the Co-Borrowers under this Section (and under Sections 4.18 and 5.9) shall be unlimited corporate obligations of Borrower and the Co-Borrowers and shall not be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower and the Co-Borrowers to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and Agreement, the repayment of all Advances Loans and the payment and performance of all other Obligations owed to the LendersBanks.

Hazardous Material Indemnity. Borrower hereby agrees to indemnify, hold harmless and defend (by counsel reasonably satisfactory to the Administrative Agent) the Administrative Agent and each of the Lenders Banks and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all reasonable costs and expenses incurred in connection therewith (including but not limited to reasonable attorneys’ ' fees and the reasonably allocated costs of attorneys employed by the Administrative Agent or any LenderBank, and expenses to the extent that the defense of any such action has not been assumed by Borrower), arising directly or indirectly out of (ai) the presence on, in, under or about any Real Property of any Hazardous Materials, or any releases or discharges of any Hazardous Materials on, under or from any Real Property and (bii) any activity carried on or undertaken on or off any Real Property by Borrower, any other Obligor Borrower or any of their its predecessors in title, whether prior to or during the term of this Agreement, and whether by Borrower, any other Obligor Borrower or any predecessor in title or any employees, agents, contractors or subcontractors of Borrower, any other Obligor Borrower or any predecessor in title, or any third persons at any time occupying or present on any Real Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials at any time located or present on, in, under or about any Real Property. The foregoing indemnity shall further apply to any residual contamination on, in, under or about any Real Property, or affecting any natural resources, and to any contamination of any Property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable Laws, but the foregoing indemnity shall not apply to Hazardous Materials on, in, under or about on any Real Property, the presence of which is caused by the Administrative Agent or the LendersBanks. Borrower hereby acknowledges and agrees that, notwithstanding any other provision of this Agreement or any of the other Loan Documents to the contrary, the obligations of Borrower under this Section shall be unlimited corporate obligations of Borrower and shall not be secured by any Lien deed of trust or mortgage on any Real Property. Any obligation or liability of Borrower to any Indemnitee under this Section 11.22 shall survive the expiration or termination of this Agreement and the repayment of all Advances and the payment and performance of all other Obligations owed to the Lenders.