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<br />'93-110869
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<br />operated or used by Company or any business conducted
<br />thereon or therewith.
<br />
<br />"Environmental Act i vi tv" means any past, present or
<br />future, storage, holding, existence, release, threatened
<br />release, production, emission, discharge, spilling,
<br />leaking, migrating, pumping, pouring, emitting, emptying,
<br />discharging, injecting, escaping, leaching, dumping,
<br />disposing, generation, processing, treatment, abatement,
<br />handling or transportation of any Contaminant on, at,
<br />through or under the Project or any other property owned,
<br />occupied, constructed, operated or used by Company not in
<br />compliance with any Applicable Environmental Law.
<br />
<br />"Release Date" shall mean the date on which (a) the debt
<br />secured by this Mortgage have been paid and performed in
<br />full and this Mortgage has been released, and (b) if the
<br />Trustee and Issuer becomes ~he owner of the Project by
<br />way of foreclosure of the lien hereof, deed in lieu of
<br />such foreclosure or otherwise ,I the Project has been sold
<br />by it.
<br />
<br />"Site Assessment RepQrt" means any site environmental
<br />assessment report pertaining to the Project, procured by
<br />or presented to Trustee and Issuer in conjunction with
<br />this Mortgage.
<br />
<br />(b)
<br />
<br />Environmental Representations and Warranties.
<br />
<br />Company
<br />
<br />hereby represents and warrants to Trustee and Issuer that, except
<br />
<br />as set forth in the Site Assessment Report:
<br />
<br />(i) The proj ect is free of any Contaminants and
<br />neither Company nor any other person (including, but not
<br />limited to, prior owners, occupiers, operators or users
<br />of the Project) has ever caused or permitted any
<br />Contaminant to be manufactured, placed, generated,
<br />stored, held, transferred, processed, produced,
<br />transported or disposed on, at, through or under the
<br />Project.
<br />
<br />(ii) The proj ect and any and all other real or
<br />personal property owned, occupied, operated, or used by
<br />Company, is in full and complete compliance with all
<br />Applicable Environmental Laws.
<br />
<br />(iii) Neither Company nor any other person
<br />(including, but not limited to, prior owners, occupiers,
<br />operators or users of any of t~e Project) has ever caused
<br />or permitted (through any action or inaction, intentional
<br />or unintentional) any Environmental Activity or other
<br />
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