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to, reasonable attorneys' fees, consultant's fees and related expenses) : which may <br />be asserted against, or incurred by, the Lender resulting from or due to release of <br />any hazardous substance or waste on the Premises or, arising, out of any injury to <br />human health or the environment by reason of the condition of or past activity <br />upon the Premises, excluding any such claims, causes of action,,, damages, <br />penalties and costs attributable to the actions or negligence of' the Lender, its <br />I I -y and hold harmless <br />agents or employees. The Borrower's duty to indenin"f <br />includes, but is not limited to, proceedings or actions commenced by any person <br />(including, but not limited to, any federal, state, or local govern iniental agency or <br />entity) before any co-urt or administrative agency. The Borrower further agrees <br />that pursuant to the Borrower's d�Uty to indeni,nify under this slectilon,,, thie Borrower <br />shall indemnify the Lender against all reasonable explensies inicurreld by the Lender <br />as they become due and not waiting for the ultimate outcome of the litigation or <br />administrative proceeding. The Borrower's obligation to indemnify and hold the <br />Lender harmless hereunder shall survive repaynient of the Promissory Note as <br />described below) and satisfaction or foreclosure of the Mortgage securing the <br />same. <br />5. This Certificate is executed in order to iniducle the Lender to make a loan in the <br />amount of $7,000,000 to the Borrovvrer,. which loan is evidiencied by the Note and <br />is secured by a Mortgage and other slecurity documents on the Premises, The <br />undersigned is fully aware that the Lender is relying on this certification in <br />making the loan described above. <br />DATED: March —, 2008. <br />I <br />nboxiK4111601164 <br />CONCORDIA ACADEMY ASSOCIATION <br />OF SCHOOLS <br />By: <br />Its: <br />Its.. <br />2150411 v 1 2 <br />