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agreed that in no event shall the Lender be obligated or liable in any way to com- plete the Improvements or to pay for the costs of construction thereof. ARTICLE VII Miscellaneous Section 7.1. Inspections. The Borrower shall be responsible for making inspections of the Improvements during the course of construction and shall determine to its own satisfaction that the work done or materials supplied by any Sub Contractor(s) has been properly done or supplied. If any work done or materials supplied by any Sub Contractor(s) is not satisfactory to the Borrower, the Borrower will immediately notify the Lender in writing of such fact. It is expressly understood and agreed that the Lender and the Inspection Representative may conduct such inspections of the Project as either may deem necessary for the protection of the Lender's interest, and that any inspections which may be made of the Project by the Lender or the Inspection Representative will be rendered, solely for the benefit and protection of the Lender, and that the Borrower will not rely thereon. Section 7.2. Indemnification by the Borrower. The Borrower shall bear all loss, expense (including attorneys' fees) and damage in connection with, and agrees to indemnify and hold harmless the Lender and each of its agents, servants and employees from all claims, demands and judgments made or recovered against the Lender or any of its agents, servants and employees because of bodily injuries, including death at any time resulting therefrom, and /or because of damages to property of the Lender or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the construction of the Improvements, or arising by reason of the presence of hazardous or toxic substances in the Land or in the Improvements or releases thereof from the Project, whether or not due to any act of omission or commission, including negligence of the Borrower, or any Subcontractor or their employees, servants or agents, and whether or not due to any act of omission or commission of the Lender or its employees, servants or agents. The Borrower's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Borrower or subject to any exclusions from coverage in any insurance policy. The obligations of the Borrower under this Section shall survive the payment of the Note. Section 7.3. Additional Security Interest. In the event any Advance is to be made for materials then being fabricated or stored, or both, for later use in the completion of the Improve- ments but which are not then stored upon the Land or installed or incorporated into the Improvements, then such Advance shall be made only after the Borrower has given to the Lender such security instruments and insurance on such materials as the Lender may reasonably request. Section 7.4. Fees. Whether or not any Advance shall be made hereunder, the Borrower agrees to pay all fees including recording fees and taxes, license and permit fees, abstracting fees, credit report fees and title insurance and other insurance premiums, and agrees to reimburse the Lender upon demand for all out -of- pocket expenses actually incurred by the Lender in connection with this Agreement or in connection with the transactions contemplated by this 14