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<br />f ..1 ~ 11 ,. <br /> <br />200604217 <br /> <br />survive the Release Date and shall continue thereafter in full force and effect. <br /> <br />(g) Additional Events of Default. Notwithstanding any other provisions contained <br />in this Mortgage to the contrary, in addition to the Events of Default as set forth in this Mortgage, <br />the Debt shall become due at the option of Purchaser and Issuer, upon anyone or more of the <br />following events, which shall constitute "Additional Events of Default." <br /> <br />(i) If any governmental authority or other individual or entity asserts or <br />creates a lien on any or all ofthe Project by reason of any Environmental Activity or <br />any other violation of any Applicable Environmental Law; or <br /> <br />(ii) If any governmental authority or other individual or entity asserts any <br />claim against Company, any of the Project or any other real or personal property <br />owned, occupied, operated or used by Company for damages or costs relating to a <br />response to Environmental Activity or any other violation of any Applicable <br />Enviromnental Law; provided, however, such claim shall not constitute an Additional <br />Event of Default if, within five (5) business days of the assertion of the claim: <br />Company shall prove to Purchaser's and Issuer's satisfaction that Company has <br />commenced and is diligently pursuing either (1) a cure or remediation of any <br />circumstance which constitutes the basis for the claim, and continues diligently to <br />pursue such cure or remediation to completion or (2) proceedings for an injunction, <br />a restraining order or other appropriate relief preventing such governmental authority <br />or individual or entity from asserting such claim, which relief is granted within ten <br />(10) business days of the claim and the injunction, order or relief is not thereafter <br />dissolved or reversed on appeal; and in either ofthe foregoing events, Company has <br />posted a bond, letter of credit or other security satisfactory in form, substance and <br />amount to Purchaser and Issuer to secure the proper and complete satisfaction of the <br />claim, as alleged. <br /> <br />(h) Additional Rights. Not in limitation but in addition to any other rights <br />Purchaser and Issuer may have under this Mortgage, Purchaser and Issuer shall have the following <br />rights and remedies with respect to the environmental status ofthe Project: <br /> <br />(i) Purchaser and Issuer shall have the right (but not the obligation) to, <br />at any time, enter on and upon the Project at any time and from time to time for the <br />purpose of making such audit tests, inspections, and examinations, including <br />subsurface exploration and testing, as Purchaser and Issuer, in its discretion, deems <br /> <br />23 <br />