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201000159. Clean Air Act (42 U.S.C. § 7401 et seq.), (33 U.S.C. § 1251 et seq. and 40 C.F.R. §116.1 et seq.), and the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), and the regulations promulgated pursuant to said laws, all as amended, and any similar laws and regulations of the state having jurisdiction aver the Mortgaged Property; (ii) that any material, waste or substance which is (A) included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," or "hazardous wastes" in or pursuant to any Environmental Laws, or subject to regulation under any Environmental Law; (B) listed in the United States Department of Transportation Optional Hazardous Materials Table (49 C.F.R. § 172.101), as enacted as of the date hereof or as hereafter amended, or in the United States Environmental Protection Agency List of Hazardous Substances and Reportable Quantities (40 C.F.R. Part 302) as enacted as of the date hereof or as hereafter amended; or (C) explosive, radioactive, asbestos, a polychlorinated biphenyl, petroleum or a petroleum product or waste oil ar any other substances or materials which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances") are located on or have been handled, generated, stared, processed or disposed of on ar released or discharged at, onto, under ar from the Mortgaged Property (including underground contamination) except for those substances stored, used or sold by Borrower or Lessee or other tenants of the Mortgaged Property in the ordinary course of their respective businesses and in compliance with all Environmental Laws; (iii) that the Mortgaged Property is subject to any private or governmental lien or judicial ar administrative notice or action relating to Hazardous Substances; (iv) of any existing or closed underground storage tanks or other underground storage receptacles for Hazardous Substances located on the Mortgaged Property; (v) of any investigation, action, proceeding or claim by any agency, authority or unit of government or by any third party which could result in any liability, penalty, sanction or judgment under any Environmental Laws with respect to any condition, use or operation of the Mortgaged Property nor does Borrower know of any basis for such a claim; and (vi) of any claim by any party that any use, operation or condition of the Mortgaged Property violates any Environmental Laws. (b) As long as the Lease is in effect, Borrower shall enforce the obligations of Lessee thereunder with respect to compliance with Environmental Laws. If at any time the Lease is not in effect or if Lessee fails to perform its obligations thereunder, Borrower shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances (except those substances stared, used or sold by Borrower, Lessee or other tenants of the Mortgaged Property in the ordinary course of their respective business and in compliance with all Environmental Laws) to the extent required by all Environmental Laws, shall not install or use any underground storage tanks, shall expressly prohibit the use, generation, handling, storage, production, processing and disposal of Hazardous Substances (except those substances stored, used or sold by Borrower, Lessee or other tenants of the Mortgaged Property in the ordinary course of their respective business and in compliance with all Environmental Laws) by all lessees of space in the Improvements, and, without limiting the generality of the foregoing, during the -47- 1.5445229.4.BUSINESS