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or otherwise disclosed to Lender in writing (including, without limitation, as disclosed
<br />in any Permitted Exceptions), Borrower hereby represents and warrants to Lender that,
<br />as of the date hereof Borrower has received no written notice (i) that the Mortgaged
<br />Property is in direct or indirect violation of any local, state or federal law, rule or
<br />regulation pertaining to environmental regulation, contamination or clean-up
<br />(collectively, "Environmental Laws "), including, without limitation, the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42
<br />U.S.C. §9601 et seg. and 40 C.F.R. §302.1 et sue.), the Resource Conservation and
<br />Recovery Act of 1976 (42 U.S.C. §6901 et seg.), the Toxic Substances Control Act, 15
<br />U.S.C. § 2601 et seq., the Federal Water Pollution Control Act (also known as the
<br />Clean Water Act), the Clean Air Act (42 U.S.C. § 7401 et seq.), (33 U.S.C. §1251 et
<br />seq. and 40 C.F.R. §116.1 et seq.), and the Hazardous Materials Transportation Act
<br />(49 U.S.C. §1801 et seq.), and the regulations promulgated pursuant to said laws, all
<br />as amended, and any similar laws and regulations of the state having jurisdiction over
<br />the Mortgaged Property; (ii) that any material, waste or substance which is (A)
<br />included within the definitions of "hazardous substances," "hazardous materials,"
<br />"toxic substances," or "hazardous wastes" in or pursuant to any Environmental Laws,
<br />or subject to regulation under any Environmental Law; (B) listed in the United States
<br />Department of Transportation Optional Hazardous Materials Table (49 C.F.R. §
<br />172.101), as enacted as of the date hereof or as hereafter amended, or in the United
<br />States Environmental Protection Agency List of Hazardous Substances and Reportable
<br />Quantities (40 C.F.R. Part 302) as enacted as of the date hereof or as hereafter
<br />amended; or (C) explosive, radioactive, asbestos, a polychlorinated biphenyl,
<br />petroleum or a petroleum product or waste oil or any other substances or materials
<br />which are included under or regulated by Environmental Laws (collectively,
<br />"Hazardous Substances ") are located on or have been handled, generated, stored,
<br />processed or disposed of on or released or discharged at, onto, under or from the
<br />Mortgaged Property (including underground contamination) except for those
<br />substances stored, used or sold by Borrower or Lessee or other tenants of the
<br />Mortgaged Property in the ordinary course of their respective businesses and in
<br />compliance with all Environmental Laws; (iii) that the Mortgaged Property is subject
<br />to any private or governmental lien or judicial or administrative notice or action
<br />relating to Hazardous Substances; (iv) of any existing or closed underground storage
<br />tanks or other underground storage receptacles for Hazardous Substances located on
<br />the Mortgaged Property; (v) of any investigation, action, proceeding or claim by any
<br />agency, authority or unit of government or by any third party which could result in any
<br />liability, penalty, sanction or judgment under any Environmental Laws with respect to
<br />any condition, use or operation of the Mortgaged Property nor does Borrower know of
<br />any basis for such a claim; and (vi) of any claim by any party that any use, operation or
<br />condition of the Mortgaged Property violates any Environmental Laws.
<br />As long as the Lease is in effect, Borrower shall enforce the obligations of Lessee
<br />thereunder with respect to compliance with Environmental Laws. If at any time the
<br />Lease is not in effect or if Lessee fails to perform its obligations thereunder, Borrower
<br />shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances
<br />(except those substances stored, used or sold by Borrower, Lessee or other tenants of
<br />the Mortgaged Property in the ordinary course of their respective business and in
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