Environmental Indemnification. Mortgagor covenants and agrees, at its sole cost and expense, to indemnify, protect and hold Mortgagee harmless against and from all claims, damages, losses, liabilities, penalties, fines or judgments, including any attorney's fees, expert fees or costs incurred, arising in any manner out of any of the matters set forth in [Section 7.1] above or otherwise arising under any Environmental Law, whether such matters arise before or after the exercise of any remedies by Mortgagee under this Mortgage or the taking of title by Mortgagee to all or any portion of the Mortgaged Property. Indemnified matters shall include, without limitation, all of the following: # the costs of removal of any and all Regulated Substances from all or any portion of the Mortgaged Property or any surrounding areas, # additional costs required to take necessary precautions to protect against the release of Regulated Substances on, in, under or affecting the Mortgaged Property onto the land and into the air, any body of water, any other public domain or any surrounding areas and # costs incurred to comply, in connection with all or any portion of the Mortgaged Property or any surrounding areas, with all Environmental Laws with respect to Regulated Substances. The indemnification obligations of this [Section 7.2] shall survive repayment of the Secured Obligations and satisfaction of this Mortgage.

28.3Tenant's Covenants and Indemnity 31

Environmental Indemnification. In addition to and without limiting the scope of any other indemnities provided under this Lease, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all demands, losses, costs, expenses, damages, bodily injury, wrongful death, property damage, claims, cross-claims, charges, actions, lawsuits, liabilities, obligations, penalties, investigation costs, removal costs, response costs, remediation costs, natural resources damages, governmental administrative actions, and reasonable attorneys’ and consultants’ fees and expenses arising out of, directly or indirectly, in whole or in part, or relating to # the release of Hazardous Materials (as defined in Section 10.4 below) by Tenant or the Tenant Related Parties, # the violation of any Hazardous Materials laws by Tenant or the Tenant Related Parties, or # the use, storage, generation or disposal of Hazardous Materials in, on, about, or from the Property by Tenant or the Tenant Related Parties (the items listed in clauses # through and including # being referred to herein individually as a “Tenant Release” and collectively as the “Tenant Releases”).

Environmental. Except as would not reasonably be expected to result in a Material Adverse Effect, # no Property is or, to the Company’s knowledge, has been a site for the use, generation, manufacture, storage, treatment, release, threatened release, discharge, disposal, transportation or presence of any Hazardous Materials and neither the Company nor any of its Subsidiaries has engaged in such activities, and # there are no claims or actions pending or, to the Company’s knowledge, threatened against the Company or any of its Subsidiaries by any Governmental Agency or by any other Person relating to any Hazardous Materials or pursuant to any Hazardous Materials Law.

Environmental. Any Liability of Seller arising under Environmental Law and relating to or arising before Closing from Seller, the Business, the Leased Real Property, or the Acquired Assets, including, but not limited to, any such Liability relating to or arising from # the Leased Real Property or any other real property presently or formerly owned, operated or leased by Seller, # the off-site transportation, disposal or arranging for the off-site disposal of any Hazardous Materials by Seller, # the release by Seller of Hazardous Materials in, at, on, from or emanating from the Leased Real Property or any other real property presently or formerly owned, operated or leased by Seller, or # the actual or alleged violation by Seller of any Environmental Law;

Environmental. With respect to each item of Underlying Collateral, to the knowledge of such Loan Party, except as expressly disclosed to the Initial Lender with respect to such Portfolio Asset prior to the Transfer thereof or as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect: # the related Obligor’s operations comply in all material respects with all applicable Environmental Laws; # none of the related Obligor’s operations is the subject of a Federal or State investigation evaluating whether any remedial action, involving expenditures, is needed to respond to a release of any Hazardous Materials into the environment; and # the related Obligor does not have any material contingent liability in connection with any release of any Hazardous Materials into the environment. Such Loan Party has not received any material written notice of, or inquiry from any Governmental Authority regarding, any violation, alleged violation, non-compliance, liability or potential liability regarding environmental matters or compliance with Environmental Laws with regard to any of the Underlying Collateral.

Environmental. Seller has not received written notice of any violation of Environmental Laws related to the Property or the presence or release of Hazardous Materials on or from the Property except as disclosed in the Property Information. The term “Environmental Laws” includes without limitation the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation and Liability Act and other federal laws governing the environment as in effect on the date of this Agreement together with their implementing regulations and guidelines as of the date of this Agreement, and all state, regional, county, municipal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws recited above or that purport to regulate Hazardous Materials. The term “Hazardous Materials” includes petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas or such synthetic gas), and any substance, material waste, pollutant or contaminant listed or defined as hazardous or toxic under any Environmental Law.

Target and the Target Subsidiaries are and have been in compliance with and is not in violation of any Environmental Laws;

Environmental. To Seller’s actual knowledge, and in reliance on the Phase I ESA included in the Property Information, there are no violations of Environmental Laws related to the Premises with respect to the presence or release of Hazardous Materials on or from the Premises. The term “Environmental Laws” includes without limitation the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) and other federal laws governing Hazardous Materials as in effect on the Contract Date, together with their implementing regulations and guidelines as of the Contract Date, and all state and local laws, regulations and ordinances that regulate Hazardous Materials in effect as of the Contract Date. “Hazardous Materials” means any substance which is # designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any applicable law, as currently in effect as of the Contact Date # petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, # PCBs, # lead, # friable asbestos, # flammable explosives, # infectious materials or # radioactive materials.

Subject to the other limitations, conditions and restrictions of this Article VIII: # the Sellers shall be obligated, jointly and severally, to indemnify each Buyer Indemnitee from and against the entirety of any Adverse Consequences Buyer Indemnitee may suffer resulting from, arising out of, incurred with respect to, relating to, or caused by any Pre-existing Environmental Condition (excluding any Pre-Existing Environmental Condition that may exist in connection with the Owned Real Property located at 830 E[[Parties:Organization]] Glenbrook Drive, Pulaski, Brown County, Wisconsin) and any violation of Environmental, Health and Safety Law at the Real Property (but excluding the Owned Real Property located at 830 E[[Parties:Organization]] Glenbrook Drive, Pulaski, 25041432.12