Upon any breach of this Agreement (after the expiration of any applicable notice and cure periods), Indemnitee shall have the right to commence and maintain an action or actions in any court of competent jurisdiction for breach of contract pursuant to California Code of Civil Procedure Section 736, whether commenced prior to foreclosure of the Property or after foreclosure of the Property, and to seek the recovery of any and all reasonable costs, damages, expenses, fees, penalties, fines, judgments, indemnification payments to third parties, and other reasonable out-of-pocket costs or expenses actually incurred or advanced by Indemnitee (collectively, the “ Environmental Costs ”) relating to the cleanup, remediation or other response action required by any Environmental Laws or which Indemnitee believes reasonably necessary to protect the Property.