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damages, interest, penalties,..fines,judgements, legal fees,response costs, costs or expenses of
<br /> whatever kind or nature, in lave or equity, mown or unknown, whether direct or indirect,
<br /> foreseen,or unforeseen,concerning the contaminated or allegedly contaminated physical
<br /> condition of the Property and contamination or alleged contamination emanating or alleged-to
<br /> have emanated from the Property, subject to the Exclusions, including and/or alleged to be
<br /> caused by or related to the following:
<br /> a. the Auto Investment Parties and/or Chase Chevrolet Parties ownership, use,
<br /> maintenance, and/or operation of the Property which may have or actually
<br /> resulted in the contaminated physical conditioia of the soils and/or groundwater;
<br /> b. the physical condition, status, quality,nature, or state of tale Property related to
<br /> any environmentalcontamination that may exist in and/or on the Property and/or
<br /> emanate from the Property;
<br /> C. the presence or alleged presence of any and all,substances that are and/or may be
<br /> considered toxic,hazardous, a contaminant,a waste and/or a pollutant in., on,
<br /> under,or about the Property and/or emanating from the Property, including but
<br /> not limited to,solvents and petroleum-based products including gasoline and oil,
<br /> i.e.,the contaminated physical condition of the Property; and
<br /> dM any actions under or pursuant to any federal, state and/or local laws or regulations
<br /> relating in any way to the contaminated physical condition of the Property and/or
<br /> to environmental,matters.
<br /> 4 T1. 1
<br /> This indemnification is.not hiterided to and shall not be interpreted to include-any of the
<br /> following ("Exclusions"):
<br /> aa. Any claim for bodily injury or human condition or ailment;
<br /> bb. Any claim related to any contract to which the Auto Investment Parties or the
<br /> Chase Parties are aparty, except a,expressly provided herein;
<br /> CC. Any action unrelated to the contaminated or allegedly contaminated condition of
<br /> the Properly.
<br /> Donee's obligation to Indemnify the Auto hxvestment Parties and Chase Chevrolet
<br /> Parties includes,without limitation, costs and expenses incurred for q,r in connection with any
<br /> investigation, cleanup,remediation,monitoring, removal,restoration, or closure work required
<br /> by any governmenta agency or third party because of the presence of any type of enviromneutal
<br /> contamination present on, under, or about the property;the,costs and expenses of restoring the
<br /> Property; all sums paid in settlemerit of claims or court awards; all attorney fees; litigation,
<br /> arbitration, and administrative proceedings costs; and expert, consultant,and laboratory fees.
<br /> Donee and-Donor shall mutually agree as to the choice of counsel to represent Donor in any action
<br /> invoking Donee's obligation to Indemnify Donor. Donor and all Auto Investment Parties and/or all
<br /> Chase Chevrolet Pardes shall,upon Donee's reasonable request,cooperate fitly in presenting a
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