Common use of Environmental Compliance and Indemnity Clause in Contracts

Environmental Compliance and Indemnity. (a) Borrower will not release (or permit the release of) any hazardous substance on the Property in material contravention of Applicable Environmental Laws. The terms “hazardous substances” and “release” will have the meanings defined in Section 4.09 hereof. In addition, Borrower will observe and comply with all Applicable Environmental Laws, in all material respects, including without limitation the removal from or under the Property constituting immovable property of any material amount of hazardous substances or solid wastes (as defined elsewhere in this Agreement). Borrower will give notice to the Lenders as soon as reasonably possible and in no event more than fifteen (15) days after it receives any compliance orders, environmental citations, or other notices from any Governmental Authority relating to any environmental condition relating to its properties or elsewhere for which it may have legal responsibility, with a full description thereof; Borrower agrees to take any and all reasonable steps and to perform any and all reasonable actions necessary or appropriate to promptly comply with any such citations, compliance orders or other Applicable Environmental Laws requiring it to remove, treat or dispose of such hazardous materials, wastes or conditions at the sole expense of Borrower and to provide Lenders with satisfactory evidence of such compliance; provided, that nothing contained herein will preclude Borrower from contesting any such compliance orders or citations if such contest is made in good faith, and appropriate reserves are established for the payment for the cost of compliance therewith. Notwithstanding the foregoing provisions, Borrower has informed the Lenders that it or its affiliated tenant intends to utilize in connection with routine business operational activities at the Property, commercial products generally available to the public or routinely used in Borrower’s business which contain varying degrees of hazardous substances that are permitted by Applicable Environmental Laws. The Lenders acknowledge such intended use and agree that such use shall not constitute a breach of the covenants and agreements set forth herein, provided such hazardous substances are used for their intended purpose in accordance with this Agreement and all Applicable Environmental Laws.

Environmental Compliance and Indemnity. (a) The Borrower will, and will not release (or permit the release of) any hazardous substance on the Property cause each of its Subsidiaries to, comply in all material contravention of Applicable Environmental Laws. The terms “hazardous substances” and “release” will have the meanings defined in Section 4.09 hereof. In addition, Borrower will observe and comply respects with all Applicable Environmental Laws, including, without limitation, all Environmental Laws in all jurisdictions in which the Borrower or any of its Subsidiaries owns or operates a facility or site, arranges for disposal or treatment of Hazardous Materials, solid waste or other wastes, accepts for transport any Hazardous Materials, solid wastes or other wastes or holds any interest in Real Property or otherwise. Neither the Borrower nor any of its Subsidiaries shall cause or allow the release of Hazardous Materials, solid waste or other wastes on, under or to any Real Property in which the Borrower or such Subsidiary holds any interest or performs any of its operations, in material respectsviolation of any Environmental Law. The Borrower shall notify the Lenders promptly after its receipt of notice thereof, including without limitation of any Environmental Claim which the removal from Borrower receives involving any potential or under actual material liability of the Property constituting immovable property Borrower or any of its Subsidiaries arising in connection with any noncompliance with or violation of the requirements of any Environmental Law or a material Release or threatened Release of any Hazardous Materials, solid waste or other waste into the environment. The Borrower shall promptly notify the Lenders (i) of any material amount release of hazardous substances Hazardous Material on, under or solid wastes (from the Real Property in which the Borrower or any of its Subsidiaries holds or has held an interest, upon the Borrower's learning thereof by receipt of notice that the Borrower or any of its Subsidiaries is or may be liable to any Person as defined elsewhere in this Agreement). a result of such Release or that the Borrower will give notice to the Lenders or such Subsidiary has been identified as soon as reasonably possible and in no event more than fifteen (15) days after it receives any compliance orders, environmental citationspotentially responsible for, or other notices from is subject to investigation by any Governmental Authority governmental authority relating to any environmental condition relating to its properties or elsewhere for which it may have legal responsibilityto, with a full description thereof; Borrower agrees to take any and all reasonable steps and to perform any and all reasonable actions necessary or appropriate to promptly comply with any such citations, compliance orders or other Applicable Environmental Laws requiring it to remove, treat or dispose of such hazardous materials, wastes or conditions at the sole expense of Borrower and to provide Lenders with satisfactory evidence of such compliance; provided, that nothing contained herein will preclude Borrower from contesting any such compliance orders or citations if such contest is made in good faithRelease, and appropriate reserves are established for the payment for the cost of compliance therewith. Notwithstanding the foregoing provisions, Borrower has informed the Lenders that it or its affiliated tenant intends to utilize in connection with routine business operational activities at the Property, commercial products generally available to the public or routinely used in Borrower’s business which contain varying degrees of hazardous substances that are permitted by Applicable Environmental Laws. The Lenders acknowledge such intended use and agree that such use shall not constitute a breach (ii) of the covenants and agreements set forth herein, provided such hazardous substances are used for their intended purpose in accordance with this Agreement and all Applicable commencement or threat or any judicial or administrative proceeding alleging a violation of any Environmental Laws.

Environmental Compliance and Indemnity. (a) The Borrower will not release (or permit the release of) shall, and shall cause each of its Subsidiaries to, comply in all material respects with any hazardous substance on the Property in material contravention of Applicable Environmental Laws. The terms “hazardous substances” and “release” will have the meanings defined in Section 4.09 hereof. In addition, Borrower will observe and comply with all Applicable applicable Environmental Laws, including, without limitation, all Environmental Laws in all material respectsjurisdictions in which the Borrower or any of its Subsidiaries owns or operates a facility or site, including without limitation the removal from arranges for disposal or under the Property constituting immovable property treatment of Hazardous Materials, solid waste or other wastes, accepts for transport any material amount of hazardous substances or Hazardous Materials, solid wastes (as defined elsewhere in this Agreement). Borrower will give notice to the Lenders as soon as reasonably possible and in no event more than fifteen (15) days after it receives any compliance orders, environmental citations, or other notices from wastes or holds any Governmental Authority relating interest in real property or otherwise except where the failure to any environmental condition relating do so would not reasonably be expected to have, either individually or in aggregate, a Material Adverse Effect. The Borrower and each of its properties or elsewhere for which it may have legal responsibility, with a full description thereof; Borrower agrees to Subsidiaries shall promptly take any and all reasonable steps necessary remedial actions in response to the presence, storage, use, transportation or Release of any Hazardous Materials on, under or about any real property owned, leased or operated by the Borrower or any of its Subsidiaries, unless such presence, storage, use, transportation or Release would not reasonably be expected to have a Material Adverse Effect. In the event the Borrower or any of its Subsidiaries undertakes any remedial action with respect to any Hazardous Material on, under or about any real property owned, leased or operated by the Borrower or any of its Subsidiaries, the Borrower or the relevant Subsidiary shall conduct and to perform complete such remediation action in compliance with applicable Environmental Laws, and in accordance with the policies, orders and directives of all federal, state and local governmental authorities, except where the liability of the Borrower or such Subsidiary for such presence, storage, use, transportation or Release of any and all reasonable actions necessary or appropriate to promptly comply with any such citations, compliance orders or other Applicable Environmental Laws requiring it to remove, treat or dispose of such hazardous materials, wastes or conditions at the sole expense of Borrower and to provide Lenders with satisfactory evidence of such compliance; provided, that nothing contained herein will preclude Borrower from contesting any such compliance orders or citations if such contest Hazardous Material is made being contested in good faith, faith by the Borrower or such Subsidiary and appropriate reserves are therefor have been established for in accordance with GAAP. The Borrower shall notify the payment for Banks promptly after its receipt of notice thereof, of any Environmental Claim which the cost Borrower receives involving any potential or actual material liability of compliance therewith. Notwithstanding the foregoing provisions, Borrower has informed the Lenders that it or any of its affiliated tenant intends to utilize Subsidiaries arising in connection with routine business operational activities at any noncompliance with or violation of the Propertyrequirements of any Environmental Law or a material Release or threatened Release of any Hazardous Materials, commercial products generally available to solid waste or other waste into the public or routinely used in Borrower’s business which contain varying degrees of hazardous substances that are permitted by Applicable Environmental Lawsenvironment. The Lenders acknowledge Borrower shall promptly notify the Banks (i) of any material Release of Hazardous Material on, under or from the real property in which the Borrower or any of its Subsidiaries holds or has held an interest, upon the Borrower's learning thereof by receipt of notice that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result of such intended use Release or that the Borrower or such Subsidiary has been identified as potentially responsible for, or is subject to investigation by any governmental authority relating to, such Release, and agree that such use shall not constitute a breach (ii) of the covenants and agreements set forth herein, provided such hazardous substances are used for their intended purpose in accordance with this Agreement and all Applicable commencement or threat of any judicial or administrative proceeding alleging a violation of any Environmental Laws.

Environmental Compliance and Indemnity. (a) The Borrower will, and will not release (or permit the release of) any hazardous substance on the Property cause each of its Restricted Subsidiaries to, comply in all material contravention of Applicable Environmental Laws. The terms “hazardous substances” and “release” will have the meanings defined in Section 4.09 hereof. In addition, Borrower will observe and comply respects with all Applicable Environmental Laws, including, without limitation, all Environmental Laws in all jurisdictions in which the Borrower or any of its Restricted Subsidiaries owns or operates a facility or site, arranges for disposal or treatment of Hazardous Materials, solid waste or other wastes, accepts for transport any Hazardous Materials, solid wastes or other wastes or holds any interest in Real Property or otherwise. Neither the Borrower nor any of its Restricted Subsidiaries shall cause or allow the release of Hazardous Materials, solid waste or other wastes on, under or to any Real Property in which the Borrower or such Restricted Subsidiary holds any interest or performs any of its operations, in material respectsviolation of any Environmental Law. The Borrower shall notify the Lenders promptly after its receipt of notice thereof, including without limitation of any Environmental Claim which the removal from Borrower receives involving any potential or under actual material liability of the Property constituting immovable property Borrower or any of its Restricted Subsidiaries arising in connection with any noncompliance with or violation of the requirements of any Environmental Law or a material Release or threatened Release of any Hazardous Materials, solid waste or other waste into the environment. The Borrower shall promptly notify the Lenders (i) of any material amount release of hazardous substances Hazardous Material on, under or solid wastes (from the Real Property in which the Borrower or any of its Restricted Subsidiaries holds or has held an interest, upon the Borrower's learning thereof by receipt of notice that the Borrower or any of its Restricted Subsidiaries is or may be liable to any Person as defined elsewhere in this Agreement). a result of such Release or that the Borrower will give notice to the Lenders or such Restricted Subsidiary has been identified as soon as reasonably possible and in no event more than fifteen (15) days after it receives any compliance orders, environmental citationspotentially responsible for, or other notices from is subject to investigation by any Governmental Authority governmental authority relating to any environmental condition relating to its properties or elsewhere for which it may have legal responsibilityto, with a full description thereof; Borrower agrees to take any and all reasonable steps and to perform any and all reasonable actions necessary or appropriate to promptly comply with any such citations, compliance orders or other Applicable Environmental Laws requiring it to remove, treat or dispose of such hazardous materials, wastes or conditions at the sole expense of Borrower and to provide Lenders with satisfactory evidence of such compliance; provided, that nothing contained herein will preclude Borrower from contesting any such compliance orders or citations if such contest is made in good faithRelease, and appropriate reserves are established for the payment for the cost of compliance therewith. Notwithstanding the foregoing provisions, Borrower has informed the Lenders that it or its affiliated tenant intends to utilize in connection with routine business operational activities at the Property, commercial products generally available to the public or routinely used in Borrower’s business which contain varying degrees of hazardous substances that are permitted by Applicable Environmental Laws. The Lenders acknowledge such intended use and agree that such use shall not constitute a breach (ii) of the covenants and agreements set forth herein, provided such hazardous substances are used for their intended purpose in accordance with this Agreement and all Applicable commencement or threat or any judicial or administrative proceeding alleging a violation of any Environmental Laws.

Environmental Compliance and Indemnity. (a) The Borrower will, and will not release (or permit the release of) any hazardous substance on the Property cause each of its Subsidiaries to, comply in all material contravention of Applicable Environmental Laws. The terms “hazardous substances” and “release” will have the meanings defined in Section 4.09 hereof. In addition, Borrower will observe and comply respects with all Applicable Environmental Laws, including, without limitation, all Environmental -66- 73 Laws in all jurisdictions in which the Borrower or any of its Subsidiaries owns or operates a facility or site, arranges for disposal or treatment of Hazardous Materials, solid waste or other wastes, accepts for transport any Hazardous Materials, solid wastes or other wastes or holds any interest in Real Property or otherwise. Neither the Borrower nor any of its Subsidiaries shall cause or allow the release of Hazardous Materials, solid waste or other wastes on, under or to any Real Property in which the Borrower or such Subsidiary holds any interest or performs any of its operations, in material respectsviolation of any Environmental Law. The Borrower shall notify the Lenders promptly after its receipt of notice thereof, including without limitation of any Environmental Claim which the removal from Borrower receives involving any potential or under actual material liability of the Property constituting immovable property Borrower or any of its Subsidiaries arising in connection with any noncompliance with or violation of the requirements of any Environmental Law or a material Release or threatened Release of any Hazardous Materials, solid waste or other waste into the environment. The Borrower shall promptly notify the Lenders (i) of any material amount release of hazardous substances Hazardous Material on, under or solid wastes (from the Real Property in which the Borrower or any of its Subsidiaries holds or has held an interest, upon the Borrower's learning thereof by receipt of notice that the Borrower or any of its Subsidiaries is or may be liable to any Person as defined elsewhere in this Agreement). a result of such Release or that the Borrower will give notice to the Lenders or such Subsidiary has been identified as soon as reasonably possible and in no event more than fifteen (15) days after it receives any compliance orders, environmental citationspotentially responsible for, or other notices from is subject to investigation by any Governmental Authority governmental authority relating to any environmental condition relating to its properties or elsewhere for which it may have legal responsibilityto, with a full description thereof; Borrower agrees to take any and all reasonable steps and to perform any and all reasonable actions necessary or appropriate to promptly comply with any such citations, compliance orders or other Applicable Environmental Laws requiring it to remove, treat or dispose of such hazardous materials, wastes or conditions at the sole expense of Borrower and to provide Lenders with satisfactory evidence of such compliance; provided, that nothing contained herein will preclude Borrower from contesting any such compliance orders or citations if such contest is made in good faithRelease, and appropriate reserves are established for the payment for the cost of compliance therewith. Notwithstanding the foregoing provisions, Borrower has informed the Lenders that it or its affiliated tenant intends to utilize in connection with routine business operational activities at the Property, commercial products generally available to the public or routinely used in Borrower’s business which contain varying degrees of hazardous substances that are permitted by Applicable Environmental Laws. The Lenders acknowledge such intended use and agree that such use shall not constitute a breach (ii) of the covenants and agreements set forth herein, provided such hazardous substances are used for their intended purpose in accordance with this Agreement and all Applicable commencement or threat or any judicial or administrative proceeding alleging a violation of any Environmental Laws.

Environmental Compliance and Indemnity. (a) Borrower will not release (or permit the release of) any hazardous substance on the Property in material contravention of Applicable Environmental Laws). The terms “hazardous substances” Borrower shall, and “release” will have the meanings defined shall cause each of its Subsidiaries to, comply in Section 4.09 hereof. In addition, Borrower will observe and comply all material respects with all Applicable Environmental Laws, including, without limitation, all Environmental Laws in all jurisdictions in which the Borrower or any of its Subsidiaries owns or operates a facility or site, arranges for disposal or treatment of Hazardous Materials, solid waste or other wastes, accepts for transport any Hazardous Materials, solid wastes or other wastes or hold any interest in real property or otherwise. Neither the Borrower nor any of its Subsidiaries shall cause or allow the Release of Hazardous Materials, solid waste or other wastes on, under or to any real property in which the Borrower or such Subsidiary holds any interest or performs any of its operations, in material respectsviolation of any Environmental Law. The Borrower shall notify the Banks promptly after its receipt of notice thereof, including without limitation of any Environmental Claim which the removal from Borrower receives involving any potential or under actual material liability of the Property constituting immovable property Borrower or any of its Subsidiaries arising in connection with any noncompliance with or violation of the requirements of any Environmental Law or a material Release or threatened Release of any Hazardous Materials, solid waste or other waste into the environment. The Borrower shall promptly notify the Banks (i) of any material amount Release of hazardous substances Hazardous Material on, under or solid wastes (from the real property in which the Borrower or any of its Subsidiaries holds or has held an interest, upon the Borrower's learning thereof by receipt of notice that the Borrower or any of its Subsidiaries is or may be liable to any Person as defined elsewhere in this Agreement). a result of such Release or that the Borrower will give notice to the Lenders or such Subsidiary has been identified as soon as reasonably possible and in no event more than fifteen (15) days after it receives any compliance orders, environmental citationspotentially responsible for, or other notices from is subject to investigation by any Governmental Authority governmental authority relating to any environmental condition relating to its properties or elsewhere for which it may have legal responsibilityto, with a full description thereof; Borrower agrees to take any and all reasonable steps and to perform any and all reasonable actions necessary or appropriate to promptly comply with any such citations, compliance orders or other Applicable Environmental Laws requiring it to remove, treat or dispose of such hazardous materials, wastes or conditions at the sole expense of Borrower and to provide Lenders with satisfactory evidence of such compliance; provided, that nothing contained herein will preclude Borrower from contesting any such compliance orders or citations if such contest is made in good faithRelease, and appropriate reserves are established for the payment for the cost of compliance therewith. Notwithstanding the foregoing provisions, Borrower has informed the Lenders that it or its affiliated tenant intends to utilize in connection with routine business operational activities at the Property, commercial products generally available to the public or routinely used in Borrower’s business which contain varying degrees of hazardous substances that are permitted by Applicable Environmental Laws. The Lenders acknowledge such intended use and agree that such use shall not constitute a breach (ii) of the covenants and agreements set forth herein, provided such hazardous substances are used for their intended purpose in accordance with this Agreement and all Applicable commencement or threat of any judicial or administrative proceeding alleging a violation of any Environmental Laws.