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<br />(e) All uses and opex�ations on or af tlae Pre�mi�ses, whether by Grantor or any
<br />otiaer person or entity, have been in compliance with all Environmental Laws and permits
<br />issued pursua,nt thereto; there have been no R�leases in, on, under or from the Premises;
<br />there are no Hazardous Materials in, on, or under the Premises; the Premises has been
<br />kept frce and claar a£ all liens and other encumbarances imposed pursua�at ta any
<br />Environmental Law; Grantor has not allowed any tenant or other user of the Prcmises to
<br />do any act tha�t materially incareased the dangers to human heaith or the enviranment,
<br />pased an w�rcason,ablc risk of harm to any persan or entity (whether on or off the
<br />Premises), impaired the value of the Premises, is contrary to any requirement of any
<br />insurer, constituted a public or private nuisance, constituted waste, c�x violated any
<br />covenant, condition, agrecement or easement applicable ta the Premises.
<br />For purpvses of this Recaphue Deed of Trust, th� term "Environmental Laws" means any
<br />paresent and future federal, state and local laws, staiutes, ordinances, rules, regulations and
<br />the like, as well as common law, relating to Hazardous Materials. For purposes of this
<br />Recaptu�re Deed of Trust, the term "Hazazdous Materials" sha11 mean (i) any toxic
<br />substanc� or hazardous waste, substance, solid waste ar related materia�, ar any pollutant
<br />or contaminant; (ii) radan gas, mald, asbestas in any farm which �s or could become
<br />friabl�, urea �ormaldehyde fcaam insulatiou, transformers or other equipment whic�a
<br />contains dielectric fltud containing levels of polychlorinated biph�nyls in excess nf
<br />federal, state or local safety guidelines, whichev�r �re more stringent, or any petroleum
<br />product; (u,i) any substance, gas, material or chemical which is or may be defined as or
<br />included in the definition of "hazazdous substances," "toxic substances," "hazardous
<br />materials," " �1SZaz'd0115 WAStBS" or wards af similar import under any Environmental
<br />Laws; and (iv) any other ch�mical, material, gas or substance the exposure to or release
<br />ofwhich is or may be prohibited, limited or aregulated by any �ovemmental authority that
<br />asserts or may assert jurisdiction over the Premaises or the operations or activity at the
<br />Premises
<br />13. Grantor shaA not permit the release or disposal of any Hazardous Materials on the
<br />Premises, nor the existence or keeping nf any Hazazdaus Materials in; on ar 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 limitod to, attorney's fees, incuxxed by the Authority as a
<br />result of any ane vr mare of the follawin.g: (a) any presence o� any Hazardous Materials in, on,
<br />above, or under the Premises; (b) any past, present ar threatened release in, on, above, under or
<br />from the Premises; (c) any activity by Grantar, any person or entity affiliated with Graa�tor or an,y
<br />tenant or other user of the Premises in connection with any actua�, proposed or threatened use,
<br />treatment, stora�c, holding, existence, disposition or other release, generarion, production,
<br />manufacturing, processing, refining, control, management, abatement, removal, handling,
<br />transfer or �ansportation to or from the Premises of any Hazardous Materials at any time lacated
<br />in, under, on or above the Premises; (d) any activity by Grantor, any person or entity affiliated
<br />with Grantor ar any tenant nr nther user of the Premises in connection with any actval or
<br />proposed remedaation of any Hazardous Materials at any time located in, under, on or above the
<br />Premises, wh�ther or not such remediation is voluntary or pursua,nt to caurt or ad.miuustrative
<br />order, including but aot limited to any remnval, remediai or correctiv� action; (e) any past,
<br />�.0
<br />Recapture Deed of Trust and Security Aareament
<br />4840-6755-9942.2
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