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200507874
<br />pumped, poured, emitted, emptied, discharged, injected, dumped, transferred or otherwise disposed of or dealt with
<br />on, under, to or from the Property or any portion thereof at any time, except for use and storage for use of heating
<br />oil, ordinary cleaning fluids, pesticides and other substances customarily used in the operation of properties that are
<br />being used for the same purposes as the Property is presently being used, provided such use and/or storage for use is
<br />in compliance with the requirements hereof and the other Loan Documents and does not give rise to liability under
<br />applicable Legal Requirements or be the basis for a lien against the Property or any part thereof.
<br />(d) Borrower represents and warrants that no actions, suits, or proceedings have been commenced, or
<br />are pending, or to the best knowledge of Borrower, are threatened with respect to any Legal Requirement governing
<br />the use, manufacture, storage, treatment, transportation, or processing of Hazardous Materials with respect to the
<br />Property or any part thereof. Borrower has received no notice of, and, except as disclosed in the Environmental
<br />Report, after due inquiry, has no knowledge of any fact, condition, occurrence or circumstance which with notice or
<br />passage of time or both would give rise to a claim under or pursuant to any Environmental Statute pertaining to
<br />Hazardous Materials on, in, under or originating from the Property or any part thereof or any other real property
<br />owned or occupied by Borrower or arising out of the conduct of Borrower, including, without limitation, pursuant to
<br />any Environmental Statute.
<br />(e) Borrower has not waived any Person's liability with regard to Hazardous Materials in, on, under
<br />or around the Property, nor has Borrower retained or assumed, contractually or by operation of law, any other
<br />Person's liability relative to Hazardous Materials or any claim, action or proceeding relating thereto.
<br />(f) In the event that there shall be filed a lien against the Property or any part thereof pursuant to any
<br />Environmental Statute pertaining to Hazardous Materials, Borrower shall, within sixty (60) days or, in the event that
<br />the applicable Governmental Authority has commenced steps to cause the Premises or any part thereof to be sold
<br />pursuant to the lien, within fifteen (15) days, from the date that Borrower receives notice of such lien, either (i) pay
<br />the claim and remove the lien from the Property, or (ii) famish (A) a bond satisfactory to Lender in the amount of
<br />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
<br />(C) other security reasonably satisfactory to Lender in an amount sufficient to discharge the claim out of which the
<br />lien arises.
<br />(g) Borrower represents and warrants that (i) except as disclosed in the Environmental Report,
<br />Borrower has no knowledge of any violation of any Environmental Statute or any Environmental Problem in
<br />connection with the Property, nor has Borrower been requested or required by any Governmental Authority to
<br />perform any remedial activity or other responsive action in connection with any Environmental Problem and
<br />(ii) neither the Property nor any other property owned by Borrower is included or, to Borrower's best knowledge,
<br />after due inquiry and investigation, proposed for inclusion on the National Priorities List issued pursuant to
<br />CERCLA by the United States Environmental Protection Agency (the "EPA ") or on the inventory of other potential
<br />"Problem" sites issued by the EPA and has not otherwise been identified by the EPA as a potential CERCLA site or
<br />included or, to Borrower's knowledge, after due inquiry and investigation, proposed for inclusion on any list or
<br />inventory issued pursuant to any other Environmental Statute, if any, or issued by any other Governmental
<br />Authority. Borrower covenants that Borrower will comply with all Environmental Statutes affecting or imposed
<br />upon Borrower or the Property.
<br />(h) Borrower covenants that it shall promptly notify Lender of the presence and/or release of any
<br />Hazardous Materials and of any request for information or any inspection of the Property or any part thereof by any
<br />Governmental Authority with respect to any Hazardous Materials and provide Lender with copies of such request
<br />and any response to any such request or inspection. Borrower covenants that it shall, in compliance with applicable
<br />Legal Requirements, conduct and complete all investigations, studies, sampling and testing (and promptly shall
<br />provide Lender with copies of any such studies and the results of any such test) and all remedial, removal and other
<br />actions necessary to clean up and remove all Hazardous Materials in, on, over, under, from or affecting the Property
<br />or any part thereof in accordance with all such Legal Requirements applicable to the Property or any part thereof to
<br />the satisfaction of Lender.
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