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202401002
<br />interest. Any forbearance by Lender in exercising any right or remedy shall not be a
<br />waiver of or preclude the exercise of any right or remedy.
<br />8. NOTICES. Unless otherwise required by law, any notice shall be given by
<br />delivering it or by mailing it by first class mail to the appropriate party's address set
<br />forth in this instrument, or to any other address designated in writing. Notice to one
<br />Borrower will be deemed notice to all Borrowers.
<br />9. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used
<br />in this section, "Environmental Law" means, without limitation, the Comprehensive
<br />Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et
<br />seq.), and all other applicable federal, state, and local laws, regulations, ordinances, court
<br />orders, attorney general opinions or interpretive letters concerning the public health,
<br />safety, welfare, environment or a hazardous substance. As used in this section,
<br />"Hazardous Substance" means any toxic, radioactive or hazardous material, waste,
<br />pollutant or contaminant which has characteristics which render the substance
<br />dangerous or potentially dangerous to the public health, safety, welfare, or environment.
<br />The term "Hazardous Substance" includes, without limitation, any substances defined as
<br />"hazardous materials," "toxic substances," "hazardous waste" or "hazardous substance"
<br />under any Environmental Law. Borrower represents, warrants, and agrees that, except
<br />as previously disclosed and acknowledged in writing:
<br />(a) No Hazardous Substance has been, is, or will be located, transported,
<br />manufactured, treated, refined, or handled by any person on, under, or about
<br />the premises, except in the ordinary court of business and in strict compliance
<br />with any and all applicable Environmental Law.
<br />(b)
<br />Borrower has not and will not cause, contribute to, or permit the release of any
<br />Hazardous Substance on the premises.
<br />(c) Borrower will immediately notify Beneficiary if: (i) a release or threatened
<br />release of Hazardous Substance occurs on, under or about the premises or
<br />migrates or threatens the migrate from nearby property; or (ii) there is a
<br />violation of any Environmental Law concerning the premises. In such an event,
<br />Borrower will take all necessary remedial action in accordance with
<br />Environmental Law.
<br />(d) Borrower has no knowledge of or reason to believe that there is any pending or
<br />threatened investigation, claim, or proceeding of any kind relating to: (i) any
<br />Hazardous Substance located on, under or about the premises; or (ii) any
<br />violation by Borrower or any tenant of any Environmental Law. Borrower will
<br />immediately notify Lender in writing as soon as Borrower has reason to believe
<br />there is any such pending or threatened investigation, claim, or proceeding. In
<br />such an event, Lender has the right, but not the obligation, to participate in
<br />any such proceeding including the right to receive copies of any documents
<br />relating to such proceedings.
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