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<br />the Property delivered to i,cnder. "Hazardous Materials" shall mean petroleum and petroleum products and compounds
<br />containing then, including gasoline, diesel fuel and oil; explosives, flammable materials; radioactive materials;
<br />polychlorinated biphenyfs ("PCBs ") and compounds containing them; lead and lead -based paint; asbestos or asbestos -
<br />containing niaterials in any Iornl that is or could become friable; underground or above - ground storage tanks, whether
<br />empty or c(.)nt.ailli►ag any substance; any substance the presence of which on the Property is prohibited by any federal,
<br />state or local authority; uny substance that requires special handling; and any other material.or substance now or in the
<br />future dehiwd rls a "Iuwardc.ms substance," "hazardous material," "hazardous waste," "toxic substance," "toxic pollutant,"
<br />"contaminant," or within the meaning of any Environmental Law. "Release" of any Hazardous Materials
<br />includes bul is not limited to any release, deposit, discharge, emission, leaking; spilling, seeping, migrating, injecting,
<br />pumping, 1.xlu111)g, elrll)tyiu", escaping, dumping, disposing or other movement of Hazardous Materials.
<br />Section 12.2. ENVIRONMENTAL REPRESENTATIONS AND - .WARRANTIES. Borrower represents and
<br />warrants, that: (at) there arc no Hazardous Materials or underground storage tanks in, on, or under the Property, except
<br />those that arc both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits
<br />are requircd), if any, and (ii) either (A) in amounts not in excess of that necessary to operate the Property or (B) fully
<br />disclosed to ;lnd approved by I -ender in writing ptn-suant to an Environmental Report; (b) there are no past, present or
<br />threatened kcicascs ((Iciincd helow) of Hazardous Materials in violation of any Environmental Law and which would
<br />require remc(hation Ley a k)overnmental authority in, on, under or from the .Property except as described in the
<br />Environmental Report: (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as
<br />described in the Fnviromiwntal Report; (d) there is no past or present non - compliance with Environmental Laws, or with
<br />permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e)
<br />Borrower flocs not know of. Lint] has not received, any written or oral notice or other communication from any person or
<br />entity (iruludin;.0 but nut limited to a governmental entity) relating to Hazardous Materials in, on, under or from the
<br />Property; and (f) Ilorruwcr has truthfully and fully provided to Lender, in writing, any and all information relating to
<br />environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and
<br />records, illc'lUdlllg but not Illllitecl to any reports relating to Hazardous Materials in, on, under or migrating to or from the
<br />Property and /or to the c.nvironrnental condition of the Property.
<br />Section 1'2.:. I':NVIRONMENTA.L COVENANTS. Borrower covenants and agrees that so long as Borrower
<br />owns, mans .cs, is in posscssirm of, or otherwise controls the operation of the Property: (a) all uses and operations on or
<br />of the Property, whether by forrower or any other person or entity, shall be in compliance with all Environmental Laws
<br />and permits issued pursuant thereto; (b) there shall be no Releases of Hazardous Materials in, on, under or from the
<br />Property; (c) there simil he no Hazardous Materials in, on, or under the Property, except those that are both (i) in
<br />compliance with all Envir(numental Laws and with permits issued pursuant thereto, if and to the extent required, and (ii)
<br />(A) in anlouWti not in c.xc•e•s.s of that necessary to operate the Property or (B) fully disclosed to and approved by Lender in
<br />writing; (d) iorrower sh;til keep the Property free and clear of all Environmental i.iens; (e) Borrower shall, at its sole cost
<br />and expense. fully 111(1 cxpc(litiously cooperate in all activities pursuant to Section 12.4 below, including but not limited
<br />to providing all relevant information and making knowledgeable persons available for interviews; (1) Borrower shall, at
<br />its sole cos( and expense, 1wrf0rtn any environmental site assessment or other investigation of environmental conditions in
<br />connection with thc. Property, pursuant to any reasonable written request of Lender, upon Lender's reasonable belief that
<br />the Property is not. in full compliance with all Environmental Laws, and share with Lender the reports and other results
<br />thereof, and Lender ;uld oilier hidentnified Parties (clefined in Section 1.3.1) shall be entitled to rely on such reports and
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