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241007999 <br />meaning shall apply subsequent to the effective date of such amendment. In the event <br />and to the extent that any Requirement of Law of the stat�s in which the Mortgaged <br />Properties are located establish a meaning for "hazardous substance," "release," "solid <br />waste," ar "disposal" which is broader than that speci�ed in either CERCLA or RCRA, <br />such broader meaning shall apply. Mortgagor will not cause or permit the Property or <br />Mortgagor to be in violation of, or do anything or permit anything to be dane which will <br />subject the Property to any remedial obligations under, or r�sult in noncompliance with <br />applicable permits and licenses under, az�y Applicable Environmental Laws, assuming <br />disclosure to the applicable Governmental Authorities o£ all relevant facts, conditions and <br />circumstances, if any, pertaining to the Property except where the same could not <br />reasonably be expected to result in a Material Adverse Effect. Mortgagor will take all <br />steps necessary to determine that no hazardous substances or solid wastes have been <br />disposed of or otherwise released on or onto the Property ar any adjacent property from <br />the Property, except where the same could not reasonably be expect�d to result in a <br />Material Adverse Effect. Mortgagor will not cause or permit the disposal or other release <br />of any hazardous substance or solid waste at, into, upon or under the Property or any <br />adjacent property from the Property and covenants and agrees to keep or cause the <br />Property to be kept free of any hazardous substance or solid waste (except as is required <br />in the ordinary course of business, such use, and temporary storage in anticipation of use <br />in cornpliance with Applicable Enviranmental Laws), and to remove the sarne (ar if <br />removal is prohibited by at�y Requirement of Law, to take whatever action is required by <br />any Requirement of Law) promptly upon discovery except where the same could not <br />reasonably be expected to r�sult in a Material Adverse Effect. Upon Administrative <br />Agent's request during the exist�nce and continuance o� a De�ault, Mortgagor will <br />provide at Mortgagor's sole expense an inspection or audit of the Property from an <br />engineering ar consulting firm approved by Administrative Agent, indicating the <br />presence or absence of ha�ardous substances and solid waste on the Property and <br />compliance with Applicabl� Environmental Laws and this Section. <br />(h) Defense of Mort�a�e. If the validity ox priority of this Martgage or of any rights, <br />titles, Liens, privileges, or security interests created or evidenced hereby with respect to the <br />Property ar any part th�reof or the title of Mortgagor to the Property or any part thereof shall be <br />endangered or questianed or shall be attacked directly or indirectly or if any legal proceedings <br />are instituted against Mortgagor with respect thereto, Mortgagor will give prompt written notice <br />thereof to Administrative Agent and at Mortgagor's own cost and expense will diligently <br />endeavar ta cure any defect that may be developed or claimed, and will take all necessary and <br />proper steps for the defense of such legal proceedings, including, but not limited ta, the <br />employment of cownsel, the prosecution or defense of litigation and the release or discharge of <br />all adverse claims, and Trust�e and Administrative Agent, vr either of them (whether or not <br />named as parties to legal proceedings with respect thereto), are hereby authorized and <br />empowered to take such additional st�ps as in their judgment and discretion may be necessary or <br />proper for the defense of any such legal proceedings or the protection of the validity or priority <br />of this Mortgage and the rights, titles, Liens, privileges, and security interests created or <br />evidenced hereby, including but not limited to the employment of independent couztsel, the <br />prasecution ar defense of litigation, the compromise or discharge of any adverse claims made <br />with respect to the Property, tl�e purchase or payment of any tax or tax title and th� removal of <br />�rior Liens, privileges, or security interests, and all expenditures so made of every kind and <br />21 <br />