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<br />200604217
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<br />any Contaminant, assuming disclosure to the applicable govenunental authorities of
<br />all relevant facts, conditions and circumstances, as enacted or amended, and all
<br />licenses, orders, permits, certificates or the like promulgated under any of the
<br />foregoing.
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<br />"Contaminant" means any pollutant, hazardous or toxic substance or waste, or
<br />contaminated material, including petroleum and petroleum products, asbestos and
<br />asbestos-containing products, ureaformaldehyde and all other materials and
<br />substances designated or regulated as a hazardous or toxic substance or waste,
<br />pollutant or contaminant under any Applicable Environmental Law.
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<br />"Enforcement Action" means any pending or threatened action, proceeding,
<br />investigation or order instituted by the United States Environmental Protection
<br />Agency, any other federal, state or local govenunental authority, or any other
<br />individual or entity, related to any suspected or actual Environmental Activity,
<br />Contaminant, or noncompliance with any Applicable Environmental Law on, at,
<br />through or under any of the Project or any other real or personal property owned,
<br />occupied, constructed, operated or used by Company or any business conducted
<br />thereon or therewith.
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<br />"Environmental Activity" means any past, present or future, storage, holding,
<br />existence, release, threatened release, production, emission, discharge, spilling,
<br />leaking, migrating, pumping, pouring, emitting, emptying, discharging, injecting,
<br />escaping, leaching, dumping, disposing, generation, processing, treatment,
<br />abatement, handling or transportation of any Contaminant on, at, through or under
<br />the Project Of any other property owned, occupied, constructed, operated or used by
<br />Company not in compliance with any Applicable Environmental Law.
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<br />"Release Date" shall mean the date on which (a) the debt secured by this Mortgage
<br />has been paid and performed in full and this Mortgage has been released, and (b) if
<br />the Purchaser and Issuer becomes the owner ofthe Project by way of foreclosure of
<br />the lien hereof, deed in lieu of such foreclosure or otherwise, the Project has been
<br />sold by it.
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<br />(b) Environmental Representations and Warranties. Company hereby represents
<br />and warrants to Purchaser and Issuer that:
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