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<br />Mortgage, Assignment of Rents, <br />Security Agreement and Fixture Filing <br />Page 33 <br /> <br />with respect to any of these transactions) or any combination thereof, whether linked to one or <br />more interest rates, foreign currencies, commodity prices, equity prices or other financial <br />measures, (ii) any transaction which is governed or evidenced by an ISDA Master Agreement and <br />any related schedule, confirmation or document confirming or evidencing the transaction or trade <br />details and (iii) any existing or future swap agreement as defined in 11 U.S.C. § 101 et seq. and <br />the regulations promulgated thereunder, as in effect from time to time. <br />9.15 INDEMNITY. IT IS THE EXPRESS INTENTION OF BORROWER AND BORROWER <br />HEREBY AGREES THAT THE INDEMNITIES SET FORTH IN THIS SECURITY <br />INSTRUMENT AND THE OTHER FINANCING DOCUMENTS WILL APPLY TO AND <br />FULLY PROTECT EACH INDEMNIFIED PARTY EVEN THOUGH ANY CLAIMS, <br />DEMANDS, LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, JUDGMENTS, <br />PENALTIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION <br />REASONABLE ATTORNEYS' FEES) THEN THE SUBJECT OF INDEMNIFICATION MAY <br />HAVE BEEN CAUSED BY, ARISE OUT OF, OR ARE OTHERWISE ATTRIBUTABLE TO, <br />DIRECTLY OR INDIRECTLY, THE NEGLIGENCE (EXCLUDING GROSS NEGLIGENCE <br />OR WILLFUL MISCONDUCT) IN WHOLE OR IN PART OF SUCH INDEMNIFIED PARTY <br />AND/OR ANY OTHER PARTY. <br /> [Signature page to follow]