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<br />Grantar and that is contained in Grantor's �les and records, including but not limited to
<br />any reports relating to Hazardous Materials in, on, under or from the Premises.
<br />(e) All uses and operatians on or of th� Premises, whether by Grantar or any
<br />other person or entity, have been in campliance with all Enviroz�mental Laws and perrnits
<br />issued pursuanl thereto; there have been no Releases in, on, under or from the Prenaises;
<br />there are no Hazardous Materials in, on, or under the Premises; the Premises has been
<br />kept free and clear af all liens and other encunnbrances impased pursuant to any
<br />Environmental Law; Grantor has not allowed any tenant or other user af the Pxemises ta
<br />do any act that materially increased the dangers to hurnan health or the environment,
<br />posed an unreasonable risk of harm to any person or entity (whether on or of f the
<br />Premises), irnpaired the value of the Premises, is contrary to any requirement of any
<br />insurer, constituted a public or private nuisance, constituted waste, or vialated any
<br />covenant, condition, agreement or easement applicable to tha Premises.
<br />�'or purposes of this Recapture Deed of Trust, the term "Environmental Laws" means any
<br />present and Future federal, state and lacal laws, statutes, ordinances, rules, regulations and
<br />the like, as well as comrnon law, relating to Hazardous Materials. For purposes of this
<br />Recapture Deed of Trust, the term "Hazardous Materials" shall mean (i) any toxic
<br />substance or hazardous waste, substance, solid waste nr related material, or any pollutant
<br />or contaminant; (ii) radon gas, mold, asbestos in any form which is or could become
<br />friable, urea formaldehyde foam insulation, transfornaers or other equipment which
<br />contains dielectric fluid containing levels of polychlorinated biph�nyls in excess of
<br />federal, state or lacal safety guidelines, whichever are more stringent, ar any petroleum
<br />product; (iii) any substance, gas, material or chemical which is or may be defined as or
<br />included in the definition af "hazardous substances," "toxic substances," "hazardaus
<br />materials," "hazardous wastes" or words of sirnilar import under any Environmental
<br />Laws; and (iv) any other chemical, �naterial, gas ar substance the exposure to or release
<br />of which is or may be prohibited, limited or regulated by any gov�rnmental authority that
<br />asserts or may assert jurisdiciian over the Premises or the operations or activity at the
<br />�'remis�s
<br />13. Grantnr shall not perrnit the release ar disposal of any Hazardous Materials on the
<br />Premises, nor the existence or keeping of any Hazardous Mat�rials in, on or about the Premises.
<br />Grantor shall indemnify and hold the Authority harmless from any and all liability, loss, cost,
<br />daznage and expense, including but not limited to, attorney's fees, incurred by the Authority as a
<br />result of any one or more of the following: (a) any presence of any Hazardous Materials in, on,
<br />above, or under the Premises; (b) any past, present or thr�atened release in, on, above, under or
<br />from the Premises; (c) any activity by Grantor, any person or entity affiliated with Grantor ar any
<br />tenant or other user of the Premises in connection with any actual, proposed or threatened use,
<br />treatrnent, storage, holding, existence, disposition or other release, generation, production,
<br />manufacturing, processing, refining, control, rnanagement, abatement, retnaval, handling,
<br />transfer or transportatian to or from the Premises of any Hazardous Materials at any ti�ne located
<br />in, under, on or above lhe Premises; (d) any activity by Grantor, any persan or entity affiliated
<br />with Grantor or any tenant or ather user of the Premises in connection vvith any actual or
<br />proposed remediation of any Hazardous Materials at any time located in, under, on or above the
<br />�o
<br />Recapture �eed of Trust and Security Agreement
<br />4839-8956-0838.2
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