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<br />200511357
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<br />any of the following (collectively, "Hazardous Materials"): oil or other petroleum products;
<br />flammable explosives; asbestos; urea formaldehyde insulation; radioactive materials; hazardous
<br />wastes; fungus, mold, mildew, spores or other biological or microbial agents the presence of which
<br />may affect human health, impair occupancy or materially affect the value or utility of the Property;
<br />toxic or contaminated substances or similar materials, including, without limitation, any substances
<br />which are "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances"
<br />under the Hazardous Materials Laws (defined below) and/or other applicable environmental laws,
<br />ordinances or regulations.
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<br />The foregoing to the contrary notwithstanding, (i) Borrower may store, maintain and use on the
<br />Property janitorial and maintenance supplies, paint and other Hazardous Materials of a type and in a
<br />quantity readily available for purchase by the general public and normally stored, maintained and used
<br />by owners and managers of properties of a type similar to the Property; and (ii) tenants of the Property
<br />may store, maintain and use on the Property (and, if any tenant is a retail business, hold in inventory
<br />and sell in the ordinary course of such tenant's business) Hazardous Materials of a type and quantity
<br />readily available for purchase by the general public and normally stored, maintained and used (and, if
<br />tenant is a retail business, sold) by tenants in similar lines of business on properties similar to the
<br />Property.
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<br />b. Hazardous Materials Laws. Borrower shall comply and cause the Property to comply with all
<br />federal, state and local laws, ordinances and regulations relating to Hazardous Materials ("Hazardous
<br />Materials Laws"), including, without limitation: the Clean Air Act, as amended, 42 V.S.C. Section
<br />7401 ~ g:g,.; the Federal Water Pollution Control Act, as amended, 33 V.S.C. Section 1251 ~ g:g,.; the
<br />Resource Conservation and Recovery Act of 1976, as amended, 42 V.S.C. Section 6901 ~ g:g,.; the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
<br />(including the Superfund Amendments and Reauthorization Act of 1986, "CERCLA"), 42 V .s.C.
<br />Section 9601 ~ ~.; the Toxic Substances Control Act, as amended, 15 V.S.C. Section 2601 ~ g:g,.;
<br />the Occupational Safety and Health Act, as amended, 29 V.S.C. Section 651; the Emergency Planning
<br />and Community Right-to-Know Act of 1986,42 V.S.C. Section 11001 ~ ~.; the Mine Safety and
<br />Health Act of 1977, as amended, 30 V.S.C. Section 801 ~ g:g,.; the Safe Drinking Water Act, 42
<br />V.S.C. Section 300f ~ g:g,.; and all comparable state and local laws, laws of other jurisdictions or
<br />orders and regulations.
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<br />c. Notices. Borrower shall immediately notify Lender in writing of: (i) the discovery of any Hazardous
<br />Materials on, under or about the Property (other than Hazardous Materials permitted under Section
<br />6.2(a)); (ii) any knowledge by Borrower that the Property does not comply with any Hazardous
<br />Materials Laws; (iii) any claims or actions ("Hazardous Materials Claims") pending or threatened
<br />against Borrower or the Property by any governmental entity or agency or any other person or entity
<br />relating to Hazardous Materials or pursuant to the Hazardous Materials Laws; and (iv) the discovery of
<br />any occurrence or condition on any real property adjoining or in the vicinity of the Property that could
<br />cause the Property or any part thereof to become contaminated with Hazardous Materials.
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<br />d. Remedial Action. In response to the presence of any Hazardous Materials on, under or about the
<br />Property, Borrower shall immediately take, at Borrower's sole expense, all remedial action required by
<br />any Hazardous Materials Laws or any judgment, consent decree, settlement or compromise in respect
<br />to any Hazardous Materials Claims.
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<br />e. Inspection Bv Lender. Upon reasonable prior notice to Borrower, Lender, its employees and agents,
<br />may from time to time (whether before or after the commencement of a nonjudicial or judicial
<br />foreclosure proceeding), enter and inspect the Property for the purpose of determining the existence,
<br />location, nature and magnitude of any past or present release or threatened release of any Hazardous
<br />Materials into, onto, beneath or from the Property. The provisions of the last sentence of Section 6.14
<br />shall apply to such inspection.
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<br />f. Lel?:al Effect of Section. Borrower and Lender agree that: (i) this Hazardous Materials Section is
<br />intended as Lender's written request for information (and Borrower's response) concerning the
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<br />1244250.5
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