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201002922
<br />Property, including any notice pursuant to any Environmental Laws or any environmental report
<br />or audit. Subsidiary shall notify Master Collateral Agent promptly and in reasonable detail upon
<br />receipt of any such claim, notice, communication or information or if Subsidiary becomes aware
<br />of any violation or potential violation of any Environmental Laws and shall describe therein the
<br />action which Subsidiary intends to take with respect to such matter;
<br />(e) it shall establish and maintain a system to assure and monitor continued
<br />compliance with, and to prevent the contravention of, Environmental Laws, which system shall
<br />include periodic reviews of such compliance system and Subsidiary shall provide an annual
<br />report to Master Collateral Agent regarding Subsidiary's environmental performance, and the
<br />effectiveness of such system;
<br />(f) it shall promptly advise Master Collateral Agent in writing of any material
<br />adverse change in the environmental or other legal requirements affecting Subsidiary or the
<br />Property upon Subsidiary becoming aware of any such change, and Subsidiary shall provide
<br />Master Collateral Agent with a copy of any of the orders, by-laws, agreements or other
<br />documents pursuant to which any such change effected or documented;
<br />(g) it shall promptly take or cause to be taken any and all necessary remedial
<br />or clean-up action in response to the presence, storage, use, disposal, transportation, release ar
<br />discharge of any Contaminant or hazardous substances or materials in, on, under or about any of
<br />the Froperty, or used by Subsidiary, in material compliance with all Environmental Laws and in
<br />accordance with the orders and directions of all applicable federal, state, provincial, municipal
<br />and local governmental authorities;
<br />(h) it shall deliver to Master Collateral Agent a true and complete copy of all
<br />environmental audits, evaluations, assessments, studies or tests relating to the Property or
<br />Subsidiary forthwith after the completion thereof, or upon such materials coming into
<br />Subsidiary's possession.
<br />(i) it shall at Subsidiary's expense, if reasonably requested by Master
<br />Collateral Agent in writing, retain an environmental consultant acceptable to Master Collateral
<br />Agent, acting reasonably, to undertake environmental tests and to prepare a report or audit with
<br />respect to the Property and deliver same to Master Collateral Agent for its review;
<br />(j) it shall indemnify and save harmless Master Collateral Agent, its officers,
<br />directors, employees, agents and shareholders from and against all losses, damages or costs
<br />suffered, including, without limitation, the cost or expense of any environmental investigation,
<br />the preparation of any environmental or similar report, and the costs of any rernediation arising
<br />from or relating to any breach of the foregoing covenants, any breach by Subsidiary or any other
<br />person now or hereafter having an interest in the Froperty which is asserted or claimed against
<br />Master Collateral Agent; the presence, in any form, of any Contaminant or hazardous substances
<br />or materials on or under the Froperty, or the discharge, release, spill or disposal of any
<br />contaminant by Subsidiary, which is asserted or claimed against any of these indemnified
<br />persons. This indemnity shall survive the payment in full of all amounts secured hereunder and
<br />the discharge of this Instrument and the Guaranty. Master Collateral Agent shall hold the benefit
<br />14
<br />(Grand Island, Hall County, Nebraska)
<br />10476803.5
<br />14451-2246
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