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Loan No: _
<br />201903798
<br />HAZARDOUS SUBSTANCES AGREEMENT
<br />(Continued) Page 4
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between
<br />Lender and Indemnitor, shall constitute a waiver of any of Lender's rights or of any of Indemnitor's obligations as
<br />to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such
<br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such
<br />consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Indemnitor hereby waives notice of acceptance of this Agreement by Lender.
<br />Notices. Any notice required to be given under this Agreement shall be given in writing, and shall be effective
<br />when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
<br />deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this
<br />Agreement. Any party may change its address for notices under this Agreement by giving formal written notice to
<br />the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,
<br />Indemnitor agrees to keep Lender informed at all times of Indemnitor's current address. Unless otherwise provided
<br />or required by law, if there is more than one lndemnitor, any notice given by Lender to any Indemnitor is deemed to
<br />be notice given to all Indemnitors.
<br />Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any
<br />other provision of this Agreement.
<br />Successors and Assigns. Subject to any limitations stated in this Agreement on transfer of Indemnitor's interest,
<br />this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than lndemnitor, Lender, without notice to Indemnitor,
<br />may deal with Indemnitor's successors with reference to this Agreement and the Indebtedness by way of
<br />forbearance or extension without releasing Indemnitor from the obligations of this Agreement or liability under the
<br />Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Agreement.
<br />Waive Jury. All parties to this Agreement hereby waive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party against any other party.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
<br />Agreement. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
<br />money of the United States of America. Words and terms used in the singular shall include the plural, and the plural
<br />shall include the singular, as the context may require. Words and terms not otherwise defined in this Agreement shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Agreement. The word "Agreement" means this Hazardous Substances Agreement, as this Hazardous Substances
<br />Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to
<br />this Hazardous Substances Agreement from time to time.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Indemnitor's obligations or expenses incurred by Lender to enforce Indemnitor's obligations
<br />under this Agreement, together with interest on such amounts as provided in this Agreement.
<br />Lender. The word "Lender" means BANK OF THE WEST, its successors and assigns.
<br />Note. The word "Note" means the Note dated June 27, 2019 and executed by TOWER 217, LLC in the principal
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