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201Q0763G
<br />(e) All uses and operations on or of the Premises, whether by Grantor or any
<br />other person or entity, have been in compliance with all Environmental Laws and permits
<br />issued pursuant thereto; there have been no Releases in, on, under or from the Premises;
<br />there are no Hazardous Materials in, on, or under the Premises; the Prernises has been
<br />kept free and clear of all liens and other encumbrances imposed pursuant to any
<br />Environmental Law; Grantor has not allowed any tenant or other user of the Premises to
<br />do any act that materially increased the dangers to human health or the environment,
<br />posed an unreasonable risk of harm to any person or entity (whether on or off the
<br />Premises), irnpaired the value of the Premises, is contrary to any requirement af any
<br />insurer, constituted a public or private nuisance, constituted waste, or violated any
<br />covenant, condition, agreement or easement applicable to the Premis�s.
<br />For purpases af this Recapture Deed of Trust, the ter►n "Environmental Laws" means any
<br />present and future federal, state and local laws, statutes, ardinances, rules, regulatians and
<br />the like, as well as common law, relating to Hazardous Materials. For purpases of this
<br />Recapture Deed of Trust, the term "Hazardous Materials" shall mean (i) any toxic
<br />substance or hazardous waste, substance, solid waste or related material, ar any pollutant
<br />ar contaminant; (ii) radon gas, mold, asbestos in any farrn which is ar could become
<br />friable, urea formaldehyde foam insulation, transformers or other equiprnent which
<br />contains dielectric fluid containing levels of palychlorinated biphenyls in excess of
<br />federal, state or local safety guidelines, whichever are more stringent, or any petraleum
<br />product; (iii) any substance, gas, material or chemical which is or rnay be defined as or
<br />included in the definition af "hazardous substances," "toxic substances," "hazardous
<br />materials," "hazardous wastes" or words of similar import under any Environmental
<br />Laws; and (iv) any other chemical, material, gas or substance the exposure to or release
<br />of which is or may 6e prohibited, limited or regulated by any governmental authority that
<br />asserts or may asserC jurisdiction over the Premises or the operations or activity at the
<br />Premises
<br />13. Grantor shall not permit the release or disposal of any Hazardous Materials an the
<br />Premises, nor the existence or keeping of any Hazardous Materials in, on or about the Premises.
<br />Grantor shall indemnify and hald the Authority harmless from any and all liability, loss, cost,
<br />damage and expense, including but not lirnited to, attorney's fees, incurred by the AuthoriCy as a
<br />result of any one or more af the following: (a) any presence of any Hazardous Materials in, on,
<br />above, or under the Premises; (b) any past, present or threatened release in, on, above, under or
<br />from the Premises; (c) any activity by Grantor, any person or entity af�liated with Grantor or any
<br />tenant or other user of the Premises in connection with any actual, proposed ar threatened use,
<br />treatment, storage, holding, existence, disposition or other release, generation, production,
<br />manufacturing, processing, refining, control, management, abatement, removal, handling,
<br />transfer or transportation ta or fram the Premises of any Hazardous Materials at any time located
<br />in, under, on or above the Premises; (d) any activity by Grantor, any persan or entity affiliated
<br />with Grantor or any tenant or other user of the Premises in connectian with any actual or
<br />proposed remediation of any Hazardous Materials at any tirne located in, under, on or abave the
<br />Premises, whether or not such remediation is voluntary ar pursuant ta court or administrative
<br />order, including but not limited to any rernoval, remedial or corrective action; (e) any past,
<br />present or threatened non compliance or violatians af any Environmental Laws (or permits
<br />a.o
<br />Recapture Peed of Trust and Security Agreement
<br />4848-2545-7143.3
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