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201305319 (d) Condition of Personal Property. The equipment, inventory, improvements, fixtures, goods and other tangible personal/movable property forming a part of the Property and used or useful thereto in the conduct of its business are and will remain in good repair and condition (taking into consideration ordinary wear and tear) and are and will be adequate for the normal operation of the Property in accordance with prudent industry standards; all of such Property is, and will remain, located on the Mortgaged Properties, except for that portion thereof which is or shall be located elsewhere (including that usually located on the Mortgaged Properties but temporarily located elsewhere) in the course of the normal operation of the Property and sales and disposals permitted by Section 7.5 of the Credit Agreement. (e) Operation of Property. The Property is being and, to the extent the same could reasonably be expected to result in a Material Adverse Effect has in the past been, and hereafter will be, maintained and operated in a good and workmanlike manner, in accordance with the standard of care typical in the industry and in conformity in all material respects with all any applicable Requirement of Law and all rules, regulations and orders of all duly constituted authorities having jurisdiction and in conformity with all Contracts, Servitudes and other agreements and leases forming a part of the Property and in conformity with the Liens permitted under Section 7.3 of the Credit Agreement. Mortgagor has, and will have in the future, all governmental licenses and permits necessary or appropriate to own and operate any Property, except where such failure to do so could not reasonably be expected to result in a Material Adverse Effect. (f) Sale or Disposal. Mortgagor will not, without the prior written consent of Administrative Agent, sell, exchange, lease, transfer, or otherwise dispose of or abandon, any part of, or interest in, the Property other than as permitted by Sections 7.5 of the Credit Agreement. (g) Environmental. (i) Current Status. The Property and Mortgagor are not in violation of the representations and warranties contained in Section 4.18 of the Credit Agreement. (ii) Future Performance. The following definition is applicable for the terms used in this section. "Applicable Environmental Laws" shall mean any applicable Requirement of Law, including, without limitation, the common law, pertaining to safety, health or the environment, as such Requirement of Law now exist or are hereafter enacted and/or amended (Applicable Environmental Laws shall include the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (as amended, hereinafter called "CERCLA "), the Resource Conservation and Recovery Act of 1976, as amended by the Used Oil Recycling Act of 1980, the Solid Waste Disposal Act Amendments of 1980, and the Hazardous and Solid Waste Amendments of 1984 (as amended, hereinafter called "RCRA ") and applicable state and local Law). The terms "hazardous substance" and "release" as used in this Mortgage shall have the meanings specified in CERCLA, and the terms "solid waste" and "disposal" (or "disposed ") shall have the meanings specified in RCRA; provided, in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader 21