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201901173
<br />"CERCLA" means the Comprehensive Environmental Response, Compensation
<br />and Liability Act of 1980, as amended by the Superfund Amendments and
<br />Reauthorization Act of 1986, 42 U.S.C. §§9601 et seq., and any future amendments.
<br />"Environmental Claim" means any investigation, notice, violation, demand,
<br />allegation, action, suit, injunction, judgment, order, consent decree, penalty, fine, lien,
<br />proceeding or claim (whether administrative, judicial or private in nature) arising
<br />(a) pursuant to, or in connection with an actual or alleged violation of, any Environmental
<br />Law, (b) in connection with any Hazardous Material, (c) from any abatement, removal,
<br />remedial, corrective or response action in connection with a Hazardous Material,
<br />Environmental Law or order of a governmental authority, or (d) from any actual or
<br />alleged damage, injury, threat or harm to health, safety, natural resources or the
<br />environment.
<br />"Environmental Law" means any current or future Legal Requirement pertaining
<br />to (a) the protection of health, safety and the indoor or outdoor environment, (b) the
<br />conservation, management or use of natural resources and wildlife, (c) the protection or
<br />use of surface water or groundwater, (d) the management, manufacture, possession,
<br />presence, use, generation, transportation, treatment, storage, disposal, Release, threatened
<br />Release, abatement, removal, remediation or handling of, or exposure to, any Hazardous
<br />Material, or (e) pollution (including any Release to air, land, surface water or
<br />groundwater), and any amendment, rule, regulation, order or directive issued thereunder.
<br />"Hazardous Material" means any substance, chemical, compound, product, solid,
<br />gas, liquid, waste, byproduct, pollutant, contaminant or material which is hazardous or
<br />toxic, and includes, without limitation, (a) asbestos, polychlorinated biphenyls and
<br />petroleum (including crude oil or any fraction thereof) and (b) any material classified or
<br />regulated as "hazardous" or "toxic" or words of like import pursuant to an Environmental
<br />Law.
<br />"Hazardous Material Activity" means any activity, event or occurrence involving
<br />a Hazardous Material, including, without limitation, the manufacture, possession,
<br />presence, use, generation, transportation, treatment, storage, disposal, Release, threatened
<br />Release, abatement, removal, remediation, handling of or corrective or response action to
<br />any Hazardous Material.
<br />"Legal Requirement" means any treaty, convention, statute, law, regulation,
<br />ordinance, license, permit, governmental approval, injunction, judgment, order, consent
<br />decree or other requirement of any governmental authority, whether federal, state, or
<br />local.
<br />"Material Adverse Effect" means any change or effect that individually or in the
<br />aggregate is or is reasonably likely to be materially adverse to (a) the assets, business,
<br />operations, income, condition (financial or otherwise) or prospects of Grantor, (b) the lien
<br />of any mortgage, deed of trust or other security agreement covering the Mortgaged
<br />Premises or any part thereof, (c) the ability of Grantor to perform its obligations under
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