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<br />§6901 et sec .), the Toxic Substances Control Act, 15 U.S.C. § 2601 et sec,., the
<br />Federal .Water Pollution Control Act (also known as the Clean Water Act), the
<br />Clean Air Act (42 U.S.C. § 7401 et seq.), (33 U.S.C. § 1251 et seg. and 40 C.F.R.
<br />§ 116.1 et sec .), and the Hazardous Materials Transportation Act (49 U.S.C.
<br />§ 1801 et sec .), and the regulations promulgated pursuant to said laws, all as
<br />amended, and any similar laws and regulations of the state having jurisdiction
<br />over the Mortgaged Property; (ii) that any material, waste or substance which is
<br />(A) included within the definitions of "hazardous substances," "hazardous
<br />materials," "toxic substances," or "hazardous wastes" in or pursuant to any
<br />Environmental Laws, or subject to regulation under any Environmental Law; (B)
<br />listed in the United States Department of Transportation Optional Hazardous
<br />Materials Table (49 C.F.R. § 172.101), as enacted as of the date hereof or as
<br />hereafter amended, or in the United States Environmental Protection Agency List
<br />of Hazardous Substances and Reportable Quantities (40 C.F.R. Part 302) as
<br />enacted as of the date hereof or as hereafter amended; or (C) .explosive,
<br />radioactive, asbestos, a polychlorinated biphenyl, petroleum or a petroleum
<br />product or waste oil or any other substances or materials which are included under
<br />or regulated by Environmental Laws (collectively, "Hazardous Substances") are
<br />located on or have been handled, generated, stared, processed or disposed of on or
<br />released or discharged at, onto, under or from the Mortgaged Property (including
<br />underground contamination) except for those substances stored, used or sold by
<br />Borrower or Lessee or other tenants of the Mortgaged Property in the ordinary
<br />course of their respective businesses and in compliance with all Environmental
<br />Laws; (iii) that the Mortgaged Property is subject to any private or governmental
<br />lien or judicial or administrative notice or action relating to Hazardous
<br />Substances; (iv) of any existing or closed underground storage tanks or other
<br />underground storage receptacles. ~ for Hazardous Substances located on the
<br />Mortgaged Property; (v) of any investigation, action, proceeding or claim by any
<br />agency, authority or unit of government or by any third party which could result
<br />in any liability, penalty, sanction or judgment under any Environmental Laws
<br />with respect to any condition, use or operation of the Mortgaged Property nor
<br />does Borrower know of any basis for such a claim; and (vi) of any claim by any
<br />party that any use, operation or condition of the Mortgaged Property violates any
<br />Environmental Laws.
<br />(b) As long as the Lease is in effect, Borrower shall enforce the obligations of Lessee
<br />thereunder with respect to compliance with Environmental Laws. If at any time
<br />the Lease is not in effect or if Lessee fails to perform its obligations thereunder,
<br />Borrower shall keep or cause the Mortgaged Property to be kept free from
<br />Hazardous Substances (except those substances stored, used or sold by Borrower,
<br />Lessee or other tenants of the Mortgaged Property in the ordinary course of their
<br />respective business and in compliance with all Environmental Laws) to the extent
<br />required by all Environmental Laws, shall not install or use any underground
<br />storage tanks, shall expressly prohibit the use, generation, handling, storage,
<br />production, processing and disposal of Hazardous Substances (except those
<br />substances stored, used or sold by Borrower, Lessee or other tenants of the
<br />Mortgaged Property in the ordinary course of their respective business and in
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