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46 <br />treatment or disposal of chemicals or any wastes or materials that are <br />classified by federal, State or local laws as hazardous or toxic substances, <br />(C) that any manufacturing, landfilling or chemical production has occurred <br />on the Mortgaged Property, or (D) that there is any asbestos or other <br />contaminant on, in or under the Mortgaged Property. <br />(ii) To the County's knowledge, the Mortgaged Property is in <br />compliance with all federal, State and local environmental laws and <br />regulations. The County will keep the Mortgaged Property, and the activities <br />at the Mortgaged Property, in compliance with all such environmental laws <br />and regulations..The County will, in a timely manner, take all lawful action <br />necessary to maintain such compliance or to remedy any lack of such <br />compliance. Any hazardous materials or substances kept on the Mortgaged <br />Property will be used in the routine maintenance and operation of the <br />Pledged Facilities and the Pledged Sites and will be used in accordance with <br />label instructions. <br />(iii) The County will promptly notify SunTrust of any change in the <br />nature or extent of any hazardous materials, substances or wastes maintained <br />on, in or under the Mortgaged Property or used in connection therewith, and <br />will promptly send to SunTrust copies of any citations, orders, notices or <br />other material governmental or other communication received with respect <br />to any other hazardous materials, substances, wastes or other <br />environmentally regulated substances affecting the Mortgaged Property. <br />(b) To the extent permitted by law, the County will indemnify and hold <br />SunTrust and the Deed of Trust Trustee harmless from and against (i) any and all <br />damages, penalties, fines, claims, liens, suits, liabilities, costs (including clean-up <br />costs), judgments and expenses (including attorneys', consultants' or experts' fees <br />and expenses) of every kind and nature suffered by or asserted against SunTrust or <br />the Deed of Trust Trustee as a direct or indirect result of any warranty or <br />representation made by the County in subsection (a) being false or untrue in any <br />material respect, or (u) any requirement under any law or regulation which requires <br />the elimination or removal o~ any hazardous materials, substances, wastes or other <br />environmentally regulated substances by SunTrust, the County or any transferee or <br />assignee of the County of SunTrust. <br />(c) The County's obligations under this Section will continue in effect <br />notwithstanding satisfaction of the Obligations or foreclosure under this Deed of <br />Trust or delivery of a deed in lieu of foreclosure. <br />97561v1 ~ 46 <br />