Laserfiche WebLink
<br /> <br />(h) Additional Riqhts. <br /> <br />Not 1n limitation but in <br /> <br /> <br />..~. <br /> <br />'93- 110869 <br /> <br />any of the proj ect or any other real or personal property <br />owned, occupied, operated or used by Company for damages <br />or costs relating to a response to Environmental Activity <br />or any other violation of any Applicable Environmental <br />Law; provided, however, such claim shall not constitute <br />an Additional Event of Default if, within five (5) <br />business days or the assertion of the claim: Company <br />shall prove to Trustee's and Issuer's satisfaction that <br />Company has commenced and is diligently pursuing either <br />(1) a cure or remediation of any circumstance which <br />constitutes the basis for the claim, and continues <br />diligently to pursue such cure or remediation to <br />completion or (2) proceedings for an injunction, a <br />restraining order or other appropriate relief preventing <br />such governmental authority or individual or entity from <br />asserting such claim, which relief is granted within ten <br />(10) business days of the claim and the injunction, order <br />or relief is not thereafter dissolved or reversed on <br />appeal; and in either of the foregoing events, Company <br />has posted a bond, letter of credit or other security <br />satisfactory in form, substance and amount to Trustee and <br />Issuer to secure the ~roper and complete satisfaction of <br />the claim, as alleged. <br /> <br />addition to any other rights Trustee and Issuer may have under <br /> <br />this Mortgage, Trustee and Issuer shall have the following rights <br /> <br />and remedies with respect to the environmental status of the <br /> <br />Project: <br /> <br />(i) Trustee and Issuer shall have the right (but <br />not the obligation) to, at any time, enter on and upon <br />the Project at any time and from time to time for the <br />purpose of making such audit tests, inspections, and <br />examinations, including subsurface exploration and <br />testing, as Trustee and Issuer, in its discretion, deems <br />necessary, convenient, or proper to determine whether the <br />ownership, use and operation of the Project and the <br />conduct of the acti vi ties engaged in thereon are in <br />compliance with Applicable Environmental Law. Trustee <br />and Issuer, or its designated agents, shall have the <br />right to inspect and copy all of Company's records <br />relating to envirnnmental matters and to enter all <br />buildings or facilities of Company for such purpose. In <br />confirmation of Trustee's and Issuer's rights to inspect <br />and copy all of Company's records relating to <br />environmental matters and to secure Company's obligations <br />to Trustee and Issuer under this Mortgage, Company hereby <br /> <br />35 <br />