EFTA00727315Set 9
11p3,454w
THIS HAZARDOUS SUBSTANCES INDEMNITY AGREEMENT ("Hazardous
Agreement") is made as of September 2010, by
("Indemnitor"), for the benefit of PREFERRED BANK, a California banking corporation
("Lender").
RECITALS
WHEREAS, contemporaneously with ... execution of this Hazardous
Agreement, Indemnitor, as maker, has executed and delivered to Lender, as payee, its
Promissory Note (the "Note") in the principal face amount of Eighteen Million ... time, in evidence of the loan (the "Loan") made this date by Lender to Indemnitor; and
WHEREAS, the Loan is secured in part by Indemnitor's interest
https://www.justice.gov/epstein/files/DataSet%209/EFTA00727315.pdf
EFTA00727304Set 9
11p3,454w
THIS HAZARDOUS SUBSTANCES INDEMNITY AGREEMENT ("Hazardous
Agreement") is made as of September 2010, by
("Indemnitor"), for the benefit of PREFERRED BANK, a California banking corporation
("Lender").
RECITALS
WHEREAS, contemporaneously with ... execution of this Hazardous
Agreement, Indemnitor, as maker, has executed and delivered to Lender, as payee, its
Promissory Note (the "Note") in the principal face amount of Eighteen Million ... time, in evidence of the loan (the "Loan") made this date by Lender to Indemnitor; and
WHEREAS, the Loan is secured in part by Indemnitor's interest
https://www.justice.gov/epstein/files/DataSet%209/EFTA00727304.pdf
EFTA00583257Set 9
2004-07-1416p8,883w
oral) by any Person or governmental authority alleging or asserting liability with
respect to Indemnitor or the Property, whether for damages, contribution, indemnification, cost recovery,
compensation, injunctive relief, investigatory, response ... Hazardous Materials at any location, whether or not owned, leased or operated by Indemnitor;
any fact, circumstance, condition or occurrence forming the basis of any violation, or alleged violation ... substances, materials or solvents which are included under or regulated by Environmental Laws.
(e) "Indemnitor" shall mean Christian Kjaer and GSJ Properties, Corp., jointly and severally.
"Property" has the meaning
https://www.justice.gov/epstein/files/DataSet%209/EFTA00583257.pdf
EFTA00725263Set 9
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Borrower.
b. No materials, documents, or statements provided to Lender by
Borrower or any indemnitor proves to be misrepresentative, false, and/or misleading in
any manner, and no representation or warranty ... made by Borrower or any indemnitor
proves to be misrepresentative, false and/or misleading in any manner.
c. No statute, rule, regulation, order and/or executive order restricts
or prohibits Lender from
https://www.justice.gov/epstein/files/DataSet%209/EFTA00725263.pdf
EFTA00721937Set 9
9p2,563w
written notice thereof, and of the facts upon which based, to the other
Party ("Indemnitor"). Indemnitor will have the right, at its own cost, to assume the
defense or settlement
https://www.justice.gov/epstein/files/DataSet%209/EFTA00721937.pdf
EFTA00788219Set 9
2013-06-17145p28,502w
that party's representative, including
19 that party's attorney, consultant, surety,
20 indemnitor, insurer or agent. And I will
21 pause there for just a moment.
22 The joint ... relates to this reference to including that
15 party's attorney, consultant, surety,
16 indemnitor, insurer or agent only upon a
17 showing that the parties seeking discovery
18 have
https://www.justice.gov/epstein/files/DataSet%209/EFTA00788219.pdf
EFTA00799402Set 9
2010-03-2326p10,584w
that party's
representative, including that party's attorney, consultant, surety, indemnitor,
insurer, or agent, only upon a showing that the party seeking discovery has
need of the materials
https://www.justice.gov/epstein/files/DataSet%209/EFTA00799402.pdf
EFTA01200390Set 9
2015-07-0651p13,320w
another party or its representative (including the other party's
attorney, consultant, surety, indemnitor, insurer, or agent). But,
subject to Rule 26(b)(4), those materials may be discovered
https://www.justice.gov/epstein/files/DataSet%209/EFTA01200390.pdf