Subject to the next sentence of this Section 9 , the obligations and liabilities of Indemnitor under this Agreement shall survive the payment in full of the Indebtedness. Notwithstanding the provisions of this Agreement to the contrary, if, (a) at any time after the fourth (4 th ) anniversary of repayment in full of the Indebtedness, whether at maturity, as a result of acceleration, in connection with prepayment or otherwise, (b) with respect to any Property that is released from the lien of the applicable Mortgage in accordance with the terms of the Loan Agreement, at any time after the fourth (4 th ) anniversary of the effective date of the release of such Property, or (c) in the event Sponsor is replaced in accordance with the terms of the Loan Agreement, upon the delivery to Indemnitee of a replacement environmental indemnity substantially in the form hereof and otherwise reasonably acceptable to Indemnitee by such Person acceptable to Indemnitee in its reasonable discretion, at any time after the fourth (4 th ) anniversary of the effective date of such replacement environmental indemnity, Indemnitee is provided with an updated Environmental Report of the related Property indicating to Indemnitee’s reasonable satisfaction that there are no Hazardous Substances located on, in, above or under such Property in violation of any applicable Environmental Laws or constituting a recognized environmental condition (except for Hazardous Substances to the extent specifically identified in the executive summary or conclusions section of the Environmental Report delivered to Lender on the Closing Date), then the obligations and liabilities of Indemnitor under this Agreement shall cease and terminate with respect to such Property. In addition and notwithstanding anything to the contrary contained in this Agreement, Indemnitor shall have no liability under this Agreement for (i) any act, event or condition first arising on or after (and not prior to) the earliest to occur of the date: (a) of the transfer of title to one hundred percent (100%) of the Properties to Lender (or any of its affiliates or designees or a purchaser at foreclosure) pursuant to a foreclosure, deed in lieu of foreclosure, exercise of power of sale or otherwise of Lender’s lien under the Loan Documents or (b) of the transfer of title to one hundred percent (100%) of the Mezzanine Loan Collateral to Mezzanine Lender (or any of its affiliates or designees or a purchaser at foreclosure) pursuant to a foreclosure, assignment in lieu of foreclosure, exercise of power of sale or otherwise of Mezzanine Lender’s lien under the Mezzanine Loan Documents, and (ii) where such act, event or condition referred to in clause (i) was not caused by actions or omissions of Indemnitor, Master Tenant, or any of their respective Affiliates.