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<br />200605846
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<br />Environmental Protection Agency, or any other federal, state or local governmental
<br />agency (collectively "Governmental Authority") related to any alleged or actual violation
<br />of any Environmental Law with respect to the Real Property and/or any business
<br />conducted thereon, and/or the Borrower, including, but not limited to, actions seeking
<br />Remediation, the imposition or enforcement of liability pursuant to any Environmental
<br />Law and compliance with any Environmental Law. Enforcement Action shall also
<br />include any similar actual or threatened action by any private party pursuant to any
<br />Environmental Law.
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<br />(3) "Environmental Laws" means any and all present and future federal,
<br />state and local laws, statutes, ordinances, rules and regulations relating to protection of
<br />human health and the environment from Contaminants including, but not limited to: the
<br />Comprehensive Environmental Response, Compensation and Liability Act, as amended,
<br />(CERCLA), 42 USC S 9601 et seq.; the Resource Conservation and Recovery Act, as
<br />amended, (RCRA), 42 USC S 6901 et seq.; the Clean Air Act, as amended, 42 USC S
<br />7401 et seq.; the Federal Water Pollution Control Act, as amended (including hut not
<br />limited to as amended by the Clean Water Act), 33 USC S 1251 et seq.; the Toxic
<br />Substances Control Act, as amended (TSCA), 15 USC 9 260 I et seq.; the Emergency
<br />Planning and Community Right-to-Know Act (also known as SARA Title 111), as
<br />amended, (EPCRA), 42 USC SIIOOI et seq.; the Safe Drinking Water Act, as amended,
<br />42 USC S 300(f) et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, as
<br />amended (FIFRA), 7 USC S 136 et seq.; the Occupational Safety and Health Act, as
<br />amended, (OSHA), 29 USC 9 651 et seq.; the Endangered Species Act, as amended, 16
<br />USC S 1531 et seq.; the National Environmental Policy Act, as amended, (NEPA), 42
<br />USC 94321 et seq.; the Rivers and Harbors Act of 1899, 33 USC S 401 et seq.; state and
<br />local laws, rules and regulations similar to or addressing similar matters as the foregoing
<br />federal laws; laws, rules and regulations governing underground or above-ground storage
<br />tanks; laws, rules and regulations imposing liens for response costs or costs of other
<br />Remediation, whether or not those liens have a higher priority than existing liens; laws,
<br />rules and regulations conditioning transfer of property upon a form of negative
<br />declaration or other approval of a Governmental Authority of the environmental
<br />condition of a property; laws, rules and regulations requiring the disclosure of conditions
<br />relating to Contaminants in connection with transfer of title to or interest in property law;
<br />laws, rules and regulations requiring notifying of any governmental entity with regard to
<br />a Release of any Contaminant; conditions or requirements imposed in connection with
<br />any permits; government orders and demands and judicial orders pursuant to any of the
<br />foregoing; laws, rules and regulations relating to the Release, use, treatment, storage,
<br />disposal, transportation, transfer, generation, processing, production, refining, control,
<br />management or handling of Contaminants; any and all other laws, rules, regulations,
<br />guidance, guidelines and common law of any governmental entity relating to the
<br />protection of human health or the environment from Contaminants.
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<br />(4) "Release" means any spilling, leaking, migrating, pumping, pouring,
<br />emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into
<br />the environment of any Contaminant.
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<br />(5) "Remediation" means any response, remedial or removal action pursuant
<br />to CERCLA; any corrective action pursuant to RCRA; any other actions required,
<br />authorized or ordered under any Environmental Law with regard to cleanup, removal,
<br />response, detoxification or other remediation of any Contaminant; any actions to prevent,
<br />cure or mitigate a Release or threatened Release of any Contaminant; any action
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