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200102665 or which may form the basis for any present or future demand, claim or liability relating to contamination, exposure, cleanup or other remediation of the Property or; (b) cause or permit the transportation to, from or across the Property of any Hazardous Material (excluding the safe and lawful use and storage of quantities of Hazardous Materials customarily used in the operation and maintenance of the business of the present or comparable tenants, or of comparable properties); or (c) cause or exacerbate any occurrence or condition on the Property that is or may be in violation of Hazardous Materials Law (as defined below). (The matters described in (a), (b) and (c) above are referred to collectively below as "Prohibited Activities or Conditions. ") Except with respect to any matters which have been disclosed in writing by Borrower to Lender prior to the date of this Instrument, or matters which have been disclosed in an environmental hazard assessment report of the Property received by Lender prior to the date of this Instrument, Borrower represents and warrants that it has not at any time caused or permitted any Prohibited Activities or Conditions and to the best of its knowledge, no Prohibited Activities or Conditions exist or have existed on or under the Property. Borrower shall take all appropriate steps (including but not limited to appropriate lease provisions) to prevent its employees, agents, and contractors, and all tenants and other occupants on the Property, from causing, permitting or exacerbating any Prohibited Activities or Conditions. If Borrower has disclosed that Prohibited Activities or Conditions exist on the Property, Borrower shall comply in a timely manner with, and cause all employees, agents, and contractors of Borrower and any other persons present on the Property to so comply with, (1) any program of operations and maintenance ( "O &M Program ") relating to the Property that is acceptable to Lender with respect to one or more Hazardous Materials (which O &M Program may be set forth in an agreement of Borrower (an "O &M Agreement ")) and all other obligations set forth in any O &M Agreement, and (2) all Hazardous Materials Laws. Any O &M Program shall be performed by qualified personnel. All costs and expenses ofthe O &M Program shall be paid by Borrower, including without limitation Lender's fees and costs incurred in connection with the monitoring and review of the O &M Program and Borrower's performance thereunder. If Borrower fails to timely commence or diligently continue and complete the O &M Program and comply with any O &M Agreement, then Lender may, at Lender's option, declare all of the sums secured by this Instrument to be immediately due and payable, and Lender may invoke any remedies permitted by paragraph 26 of this Instrument. Borrower represents that Borrower has not received, and has no knowledge of the issuance of, any claim, citation or notice of any pending or threatened suits, proceedings, orders, or governmental inquiries or opinions involving the Property that allege the violation of any Hazardous Materials Law ( "Governmental Actions "). Borrower shall promptly, after obtaining knowledge thereof, notify Lender in writing of. (i) the occurrence of any Prohibited Activity or Condition on the Property; (ii) Borrower's actual knowledge of the presence on or under any adjoining property of any Hazardous Materials which can 1048094.1 6