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without limitation, all ad valorem taxes and sales taxes}, assessments, impositions and Other Charges
<br />imposed on the Governmental Lender, the Fiscal Agent or the Funding Lender in respect of any portion of
<br />the Project;
<br />(d) Any violation of any environmental law, rule or regulation with respect to, or the release
<br />of any toxic substance or hazardous material from, the Project or any part thereof; provided, however,
<br />Borrower's liability under this provision shall not extend to cover the violation of any violation that first
<br />arise, commence or occur as a result of actions of the Indemnified Party, after the satisfaction, discharge,
<br />release, assig~runent, termination or cancellation of the Security Instrument following the payment in full
<br />of the Borrower Note and all other sums payable under the Borrower Loan Documents or after the actual
<br />dispossession from the entire Mortgaged Property of Borrower and all entities which control, are
<br />controlled by, or are under common control with Borrower following foreclosure of the Security
<br />Instrument or acquisition of the Mortgaged Property by a deed in lieu of foreclosure;
<br />(e) The enforcement of, or any action taken by the Gover~unental Lender, the Fiscal Agent or
<br />the Funding Lender related to remedies under, this Borrower Loan Agreement and the other Borrower
<br />Loan Documents and the Funding Loan Documents;
<br />(~ [Reserved];
<br />(g) Any untrue statement or misleading statement or alleged untrue statement or alleged
<br />misleading statement of a material fact by the Borrower made in the course of Borrower applying for the
<br />Borrower Loan or the Funding Loan or contained in any of the Borrower Loan Documents ar Funding
<br />Loan Documents to which the Borrower is a party;
<br />(h) Any Deternunation of Taxability;
<br />(i) Any breach (or alleged breach) by Borrower of any representation, warranty or covenant
<br />made in or pursuant to this Borrower Loan Agreement or in connection with any written or oral
<br />representation, presentation, report, appraisal or other information given or delivered by Borrower,
<br />General Partner, Guarantor or their Affiliates to Governmental Lender, the Fiscal Agent the Funding
<br />Lender, Servicer or any other Person in connection with the Borrower's application for the Borrower
<br />Loan and the Funding Loan (including, without limitation, any breach or alleged breach by Borrower of
<br />any agreement with respect to the provision of any substitute credit enhancement);
<br />(j) any failure (or alleged failure) by Borrower, the Funding Lender or the Governmental
<br />Lender to comply with applicable federal and state laws and regulations pertaining to the making of the
<br />Borrower Loan and the Funding Loan;
<br />(k) the Project, or the condition, occupancy, use, possession, conduct or management of, or
<br />work done in or about, or from the planning, design, acquisition, installation, construction or
<br />rehabilitation of, the Project or any part thereof; or
<br />(1) the use of the proceeds of the Borrower Loan and the Funding Loan,
<br />except (i) in the case of the foregoing indemnification ofthe Governmental Lender or any related
<br />Indemnified Party, such damages are caused by the willful misconduct of the Governmental Lender and
<br />(ii) in the case of the foregoing indemnification of the the Fiscal Agent, the Funding Lender or the
<br />Servicer or any related Indemnified Party, to the extent such damages are caused by the gross negligence
<br />or willful misconduct of such Indemnified Party. Notwithstanding anything herein to the contrary, the
<br />Borrower's indemnification obligations to the parties specified in Section 9.1,4 hereof with respect to any
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