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202202060 Section 17.10. Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE REQUIREMENT OF LAW, MORTGAGOR AND ADMINISTRATIVE AGENT EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY ACTION, CLAIM, SUIT OR PROCEEDING RELATING TO THIS MORTGAGE AND FOR ANY COUNTERCLAIM BROUGHT THEREIN. MORTGAGOR HEREBY WAIVES ALL RIGHTS TO INTERPOSE ANY COUNTERCLAIM IN ANY SUIT BROUGHT BY ADMINISTRATIVE AGENT HEREUNDER AND ALL RIGHTS TO HAVE ANY SUCH SUIT CONSOLIDATED WITH ANY SEPARATE SUIT, ACTION OR PROCEEDING. Section 17.11. No Reduction. No taxes paid by or on account of the Other Mortgaged Properties in New Jersey shall serve to reduce the amount of indebtedness secured by this instrument. Section 17.12. New Jersey Environmental Provisions. (a) Mortgagor represents and warrants that, to the best of Mortgagor's knowledge after due inquiry and investigation, no lien has attached to the Other Mortgaged Properties in New Jersey as a result of any action by the New Jersey Department of Environmental Protection (which, together with its successors, shall be called herein the "NJDEP") or its designee pursuant to the New Jersey Spill Compensation Fund as such term is defined in the Spill Compensation and Control Act, N.J.S.A. 58:10- 23.11 et seq. (said Spill Compensation and Control Act together with any amendments or revisions thereof and any regulations promulgated pursuant thereto being hereinafter collectively called the "Spill Act") expending monies from said fund to pay for "cleanup and removal costs" or "natural resources" damages as a result of any "discharge" of any "hazardous substances" on or at the Other Mortgaged Properties in New Jersey, as such terms are defined in the Spill Act. (b) If a lien that has priority over all other claims or liens which have been previously filed is filed against the Other Mortgaged Properties in New Jersey pursuant to the Spill Act, N.J.S.A. 58:10-23.11g (c)(2), Mortgagor shall immediately either (i) pay the claim and remove the lien from the Other Mortgaged Properties in New Jersey, or (ii) furnish (A) a bond satisfactory to Administrative Agent and the title insurance company which insured the priority of the lien of this Mortgage in the amount of the claim out of which the lien arises, (B) a cash deposit in the amount of the claim out of which the lien arises, or (C) other security reasonably satisfactory to Administrative Agent in an amount sufficient to discharge the claim out of which the lien arises. (c) In connection with a "termination of ownership or operations" (as such term is used in the New Jersey Industrial Site Recovery Act, as amended, N.J.S.A. 13:1K-6 et seq. ("ISRA")) relating to Mortgagor or any tenants at any time occupying any portion of the Other Mortgaged Properties in New Jersey, Mortgagor, shall promptly provide Administrative Agent with: (i) a Response Action Outcome (as such term is used in ISRA, including at N.J.A.C. 7:26C-6.2) issued by a Licensed Site Professional; or (ii) a Remedial Action Work Plan (as such term is used in ISRA) certified by a Licensed Site Professional; or (iii) a Remediation Certification (as such term is used in ISRA, including at N.J.A.C. 7:26B -1.7(b)) certified by a Licensed Site Professional permitting the termination. Nothing in this subsection (c) shall be construed as limiting Mortgagor's obligation to otherwise comply with ISRA. In particular, Mortgagor's obligation to comply with ISRA shall also specifically apply 61 144646513