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202202GG0
<br />the conduct of its business are and will remain in good repair and condition (taking into consideration
<br />ordinary wear and tear) and are and will be adequate for the normal operation of the Property in accordance
<br />with prudent industry standards; all of such Property is, and will remain, located on the Mortgaged
<br />Properties, except for that portion thereof which is or shall be located elsewhere (including that usually
<br />located on the Mortgaged Properties but temporarily located elsewhere) in the course of the normal
<br />operation of the Property and sales and disposals permitted by Section 7.5 of the Credit Agreement.
<br />(e) Operation of Property. The Property is being and, to the extent the same could reasonably
<br />be expected to result in a Material Adverse Effect has in the past been, and hereafter will be, maintained
<br />and operated in a good and workmanlike manner, in accordance with the standard of care typical in the
<br />industry and in conformity in all material respects with all any applicable Requirement of Law and all rules,
<br />regulations and orders of all duly constituted authorities having jurisdiction and in conformity with all
<br />Contracts, Servitudes and other agreements and leases forming a part of the Property and in conformity
<br />with the Liens permitted under Section 7.3 of the Credit Agreement. Mortgagor has, and will have in the
<br />future, all governmental licenses and permits necessary or appropriate to own and operate any Property,
<br />except where such failure to do so could not reasonably be expected to result in a Material Adverse Effect.
<br />(f) Sale or Disposal. Mortgagor will not, without the prior written consent of Administrative
<br />Agent, sell, exchange, lease, transfer, or otherwise dispose of or abandon, any part of, or interest in, the
<br />Property other than as permitted by Sections 7.5 of the Credit Agreement.
<br />(g) Environmental.
<br />(i) Current Status. To the best of Mortgagor's knowledge, the Property and
<br />Mortgagor are not in violation of the representations and warranties contained in Section 4.18 of
<br />the Credit Agreement.
<br />(ii) Future Performance. The following definition is applicable for the terms used in
<br />this section. "Applicable Environmental Laws" shall mean any applicable Requirement of Law,
<br />including, without limitation, the common law, pertaining to safety, health or the environment, as
<br />such Requirement of Law now exist or are hereafter enacted and/or amended (Applicable
<br />Environmental Laws shall include the Comprehensive Environmental Response, Compensation,
<br />and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of
<br />1986 (as amended, hereinafter called "CERCLA"), the Resource Conservation and Recovery Act
<br />of 1976, as amended by the Used Oil Recycling Act of 1980, the Solid Waste Disposal Act
<br />Amendments of 1980, and the Hazardous and Solid Waste Amendments of 1984 (as amended,
<br />hereinafter called "RCRA") and applicable state and local law). The terms "hazardous
<br />substance" and "release" as used in this Mortgage shall have the meanings specified in CERCLA,
<br />and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in
<br />RCRA; provided, in the event either CERCLA or RCRA is amended so as to broaden the meaning
<br />of any term defined thereby, such broader meaning shall apply subsequent to the effective date of
<br />such amendment. In the event and to the extent that any Requirement of Law of the states in which
<br />the Mortgaged Properties are located establish a meaning for "hazardous substance," "release,"
<br />"solid waste," or "disposal" which is broader than that specified in either CERCLA or RCRA, such
<br />broader meaning shall apply. Mortgagor will not cause or permit the Property or Mortgagor to be
<br />in violation of, or do anything or permit anything to be done which will subject the Property to any
<br />remedial obligations under, or result in noncompliance with applicable permits and licenses under,
<br />any Applicable Environmental Laws, assuming disclosure to the applicable Governmental
<br />Authorities of all relevant facts, conditions and circumstances, if any, pertaining to the Property
<br />except where the same could not reasonably be expected to result in a Material Adverse Effect.
<br />Mortgagor will take all steps necessary to determine that no hazardous substances or solid wastes
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