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<br /> immediately advise Ben:eficiary in writing of any violation thereof.
<br /> Grantor shall not use, generate, manufacture, store or dispose of,
<br /> on, under or about the Property or transport to or from the
<br /> Property any flammable explosives, radioactive materials, including
<br /> without limitation any substances defined as or included in the
<br /> definition of "hazardous substances",� "hazardous wastes",
<br /> "hazardous materials", or "toxic substances" under any applicable
<br /> federal or state laws or regulations (collectively "Hazardous
<br /> Materials") .
<br /> (b) Grantor shall immediately advise Beneficiary in
<br /> writing of (i) any and all enforcement, cleanup, removal or other
<br /> governmental or regulatory actions instituted, completed or
<br /> threatened pursuant to any applicable federal, state or local laws,
<br /> ordinances, or regulations relating to any Hazardous Materials
<br /> affecting the Property (the "Hazardous Materials Laws") ; (ii) all
<br /> claims made or threatened by any third party against Grantor or the
<br /> Property relating to damage, contribution, cost recovery
<br /> compensation, loss or injury resulting from any Hazardous
<br /> Materials; and (iii) Grantor's discovery of any occurrence or
<br /> condition on any real property adjoining or in the vicinity of the
<br /> Property that could cause the Property or any part thereof to be
<br /> subject to any restrictions on the ownership, occupancy,
<br /> transferability or use of the Property under any Hazardous
<br /> Materials Laws.
<br /> (c) Beneficiary, its contractors and agents, are hereby
<br /> granted an easement to enter upon the Premises for the purposes of
<br /> conducting environmental investigations and audits (including
<br /> taking physical samples) and such other action deemed necessary by
<br /> Beneficiary to insure compliance by Grantor with all local, state
<br /> or federal laws, rules or regulations. Grantor acknowledges that
<br /> no adequate remedy at law exists for a violation of the easement
<br /> granted herein and agrees that Beneficiary is entitled to specific
<br /> performance of its rights under this easement. The easement
<br /> granted herein shall continue until this Deed is cancelled or
<br /> released of record.
<br /> (d) Upon the request of Beneficiary, Grantor will
<br /> provide Beneficiary from time to time (at Grantor' s expense) a
<br /> current environmental assessment of the Property within thirty (30)
<br /> days after such request. Such assessment shall be in a form
<br /> satisfactory to BEneficiary and shall be prepared by an
<br /> environmental engineer or consultant acceptable to Beneficiary.
<br /> (e) Grantor hereby agrees to indemnify Beneficiary and
<br /> hold Beneficiary harmless from and against any and all claims,
<br /> losses, damages, liabilities, fines, penalties, charges,
<br /> administrative and judicial proceedings and orders, judgments,
<br /> remedial action requirements, enforcement actions of any kind, and
<br /> all costs and expenses incurred in connection therewith (including
<br /> but not limited to attorneys' fees and expenses) , arising directly
<br /> or indirectly, in whole or in part, out of (i) the presence on or
<br /> under the Property of any Hazardous Materials, or any releases or
<br /> discharges of any Hazardous Materials on, under or from the
<br /> Property, or (ii) any activity carried on or undertaken on or off
<br /> the Property, whether prior to or whether by Grantor or any
<br /> predecessor in title, or any employees, agents, contractors or
<br /> subcontractors of Grantor or any predecessor in title, or any third
<br /> persons at any time occupying or present on the Property, in
<br /> connection with the handling, treatment, removal, storage,
<br /> decontamination, clean-up, transport or disposal of any Hazardous
<br /> Materials at any time located or present on or under the Property.
<br /> The foregoing indemnity shall further apply to any residual
<br /> contamination on or under the Property, or affecting any natural
<br /> resources, and to any contamination of any property or natural
<br /> resources arising in connection with the generation, use, handling,
<br /> storage, transport or disposal of any such Hazardous Materials, and
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