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2�10�7999 <br />(which, together with its successors, shall be called herein the "NJDEP") or its designee pursuant <br />to the New Jersey Spill Compensation Fund as such term is defined in the Spill Compensation <br />and Control Act, N.J.S.A. 58:10-23.11 et seq. (said Spill Compensation and Control Act together <br />with any amendments or revisians thereaf and any regulations promulgated pursuant thereto <br />being hereinafter collectively called the "Spill Act") expending monies from said fund to pay for <br />"cleanup and removal costs" or "natural resources" damages as a result of any "discharge" of any <br />"hazardous substances" on or at the Qther Mortgaged Properties in New Jersey, as such terms are <br />defined in the Spill Act. <br />(b) If a lien that has priority over all other claims or liens which have been previously <br />�led is filed against the Other Martgaged Properties in New Jersey pursuant to the Spill Act, <br />N.J.S.A. 58:10-23.1 lg (c)(2), Mortgagor shall immediately either (i) pay the claim and remove <br />the lien from the Other Mortgaged Properties in New Jersey, or (ii) furnish (A) a bond <br />satisfactory to Agent and the title insurance cornpany which insured the priority of the lien of this <br />Mortgage in th� amount of the claim out of which the lien arises, (B) a cash deposit in the <br />amount af the claim out of which the lien arises, or (C) other security reasonably satisfactary ta <br />Agent in an amount sufficient ta discharge the claim out of which the lien arises. <br />(c) In connection with a"termination of ownership or operations" (as such term is <br />used in the New Jersey Industrial Site Recovery Act, as amended, N.7.S.A. 13:1K-6 et seq. <br />("ISRA")) relating to Mortgagor or any tenants at any time occupying any portion of the �ther <br />Mortgaged Properties in New Jersey, Mortgagor, shall promptly pravide Agent with: <br />(i) a Response Action Outcome (as such term is used in TSR.A, including at <br />N.J.A.C. 7:26C-6.2) issued by a Licensed Site Professional; or <br />(ii) a Remedial Actian Work Plan (as such term is used in �SRA) certified by <br />a Licensed Site Frofessional; or <br />(iii) a Remediation Certification (as such term is used in ISRA, including at <br />N.J.A.C. 7:26BT1.7(b)) certified by a Licensed Site Professional permitting the <br />termination. <br />(d) Nothing in this subsection (c) shall be canstrued as limiting Mortgagor's <br />obligation to otherwise comply with ISR.A.. Tn particular, Mortgagor's obligation to comply with <br />ISRA sha11 also specifically apply ta a sale, transfer, closure ar termination of operations <br />associated with any foreclosure action, including, without limitation, a foreclosure action brought <br />with respect to this Mortgage. <br />(e) If Mortgagor complies with subsection (c) of this Section by obtaining a certified <br />Remedial Action Work Plan or Remediation Certification, Mortgagor shall promptly implement <br />and prosecute to completion or cause to be sa implemented and prasecuted the Remedial Action <br />Work Plan or the requirements of the Remediation Certification, as tlae case may be, in <br />acc�rdance with the schedules contained therein or as may be otherwise required by ISRA. <br />Mortgagor expressly understands and acknowledges that Mortgagor's compliance with the <br />provisions of this subsection (d) may require Mortgagor to expend fixnds or do acts aft�r the <br />expiration or termination of the term of one or more leases. Mortgagor shall expend such funds <br />�S7 <br />