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201305319 meaning shall apply subsequent to the effective date of such amendment. In the event and to the extent that any Requirement of Law of the states in which the Mortgaged Properties are located establish a meaning for "hazardous substance," "release," "solid waste," or "disposal" which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. Mortgagor will not cause or permit the Property or Mortgagor to be in violation of, or do anything or permit anything to be done which will subject the Property to any remedial obligations under, or result in noncompliance with applicable permits and licenses under, any Applicable Environmental Laws, assuming disclosure to the applicable Governmental Authorities of all relevant facts, conditions and circumstances, if any, pertaining to the Property except where the same could not reasonably be expected to result in a Material Adverse Effect. Mortgagor will take all steps necessary to determine that no hazardous substances or solid wastes have been disposed of or otherwise released on or onto the Property or any adjacent property from the Property, except where the same could not reasonably be expected to result in a Material Adverse Effect. Mortgagor will not cause or permit the disposal or other release of any hazardous substance or solid waste at, into, upon or under the Property or any adjacent property from the Property and covenants and agrees to keep or cause the Property to be kept free of any hazardous substance or solid waste (except as is required in the ordinary course of business, such use, and temporary storage in anticipation of use in compliance with Applicable Environmental Laws), and to remove the same (or if removal is prohibited by any Requirement of Law, to take whatever action is required by any Requirement of Law) promptly upon discovery except where the same could not reasonably be expected to result in a Material Adverse Effect. Upon Administrative Agent's request during the existence and continuance of a Default, Mortgagor will provide at Mortgagor's sole expense an inspection or audit of the Property from an engineering or consulting firm approved by Administrative Agent, indicating the presence or absence of hazardous substances and solid waste on the Property and compliance with Applicable Environmental Laws and this Section. (h) Defense of Mortgage. If the validity or priority of this Mortgage or of any rights, titles, Liens, privileges, or security interests created or evidenced hereby with respect to the Property or any part thereof or the title of Mortgagor to the Property or any part thereof shall be endangered or questioned or shall be attacked directly or indirectly or if any legal proceedings are instituted against Mortgagor with respect thereto, Mortgagor will give prompt written notice thereof to Administrative Agent and at Mortgagor's own cost and expense will diligently endeavor to cure any defect that may be developed or claimed, and will take all necessary and proper steps for the defense of such legal proceedings, including, but not limited to, the employment of counsel, the prosecution or defense of litigation and the release or discharge of all adverse claims, and Trustee and Administrative Agent, or either of them (whether or not named as parties to legal proceedings with respect thereto), are hereby authorized and empowered to take such additional steps as in their judgment and discretion may be necessary or proper for the defense of any such legal proceedings or the protection of the validity or priority of this Mortgage and the rights, titles, Liens, privileges, and security interests created or evidenced hereby, including but not limited to the employment of independent counsel, the prosecution or defense of litigation, the compromise or discharge of any adverse claims made with respect to the Property, the purchase or payment of any tax or tax title and the removal of prior Liens, privileges, or security interests, and all expenditures so made of every kind and 22