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200609881 <br />(i) There are no existing or closed underground storage tanks <br />( "USTs ") on the Property (x) from which Hazardous Materials have been released <br />or leaked to the environment, or (y) that are not in compliance with all federal, <br />state, and local laws and regulations covering the installation, operation, <br />maintenance and abandonment of USTs; <br />(ii) None of the following will hereafter be brought on or constitute a <br />part of the Property: friable asbestos or friable asbestos - containing material; urea <br />formaldehyde insulation; transformers or other equipment which contain <br />dielectric fluid containing polychlorinated biphenyls; or leaded paint, except as <br />may be brought on the Property in accordance with law or for use or sale in <br />connection with the current use of the Property; <br />(iii) There are no existing or closed sanitary landfills, solid waste <br />disposal sites, or hazardous waste treatment, storage or disposal facilities on the <br />Property except as have been disclosed to relevant Governmental Authorities and <br />as have been regulated, operated, monitored, assessed and (as necessary) <br />remediated in accordance with law; <br />(iv) No pending or current notice has been issued to Grantor by any <br />agency, authority, or unit of government that Grantor has been identified as a <br />potentially responsible party under any Environmental Law; and <br />(v) To the best of Grantor's knowledge, there exists no pending or <br />current investigation, action, proceeding, or claim by any Governmental Authority <br />or by any third party which could result in any liability, penalty, sanction, or <br />judgment under any Environmental Law with respect to any condition, use or <br />operation of the Property. <br />(b) Environmental Covenants of Grantor. In addition to the Grantor's <br />covenants in the Loan Agreement, the Grantor covenants and agrees with each <br />Credit Party and the Beneficiary that Grantor shall: <br />(i) remain in material compliance with all Environmental Laws; <br />(ii) not store (except in compliance with all Environmental Laws <br />pertaining thereto), dispose of, release or allow the release of any Hazardous <br />Materials on the Property; <br />(iii) neither directly nor indirectly transport or arrange for the transport <br />of any Hazardous Materials (except in compliance with all Environmental Laws <br />pertaining thereto); and <br />(iv) upon the request of Beneficiary, if Beneficiary has reason to <br />believe that Hazardous Materials are stored, released or disposed of on the <br />Property, take all reasonable action (including, without limitation, the conducting <br />of reasonably scoped environmental assessments at the sole expense of the <br />8 <br />MA <br />