Borrower shall indemnify, save harmless and defend Lender, any successors or assigns of Lender, and Lender’s and such successor’s and assign’s directors, officers, employees and agents from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable, actual and documented out-of-pocket attorneys’ fees and court costs) imposed upon or incurred by or asserted against Lender by reason of [i] ownership of a lender’s interest in the Facility; [ii] any accident or injury to or death of persons or loss of or damage to or loss of the use of property occurring on or about the Facility or any part thereof or the adjoining sidewalks, curbs, vaults and vault spaces, if any, streets, alleys or ways; [iii] any use, nonuse or condition of the Facility or any part thereof or the adjoining sidewalks, curbs, vaults and vault spaces, if any, streets, alleys or ways; [iv] performance of any labor or services or the furnishing of any materials or other property in respect of the Facility or any part thereof made or suffered to be made by or on behalf of GEN, Borrower, Operator or any Affiliate; [v] any negligence or tortious act on the part of GEN, Borrower, Operator or any of their respective agents, contractors, lessees, licensees, or invitees; [vi] any work in connection with any alterations, changes, new construction or demolition of the Facility; or [vii] the consummation of the Loan and the execution and delivery of the Loan Documents.  Borrower will pay and save Lender harmless against any and all liability with respect to any intangible personal property tax or similar imposition of the State or any subdivision or authority thereof now or hereafter in effect, to the extent that the same may be payable by Lender in respect of the Mortgage or the Secured Obligations.  All amounts payable to Lender under this section shall be payable on written demand and shall be deemed indebtedness secured by the Mortgage and any such amounts which are not paid within 10 days after demand therefor by Lender shall bear interest at the Default Rate.  In case any action, suit or proceeding is brought against GEN, Borrower, Operator or any Affiliate by reason of any such occurrence, Borrower shall use its best efforts to defend such action, suit or proceeding.