Common use of Environmental Reports Clause in Contracts

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant) to Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with (and shall cause Mortgage Borrower not to unreasonably interfere with), and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the The reasonable cost of such studies shall be due and payable by Borrower Indemnitor to Lender upon demand and shall be secured by the Lien of the Security Instrumentdemand. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s ’s, Master Lessee’s, or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.33(c), Lender shall not be deemed to be exercising any control over the operations of Borrower Mortgage Borrower, any Mezzanine Borrower, or Indemnitor or the handling of any environmental matter or hazardous wastes or substances of Borrower Mortgage Borrower, any Mezzanine Borrower, or Indemnitor for purposes of incurring or being subject to liability thereforliability.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Mezzanine Borrower grants (and shall cause each Senior Mezzanine Borrower to cause Mortgage Borrower to grant) to Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with (and shall cause each Senior Mezzanine Borrower to cause Mortgage Borrower not to unreasonably interfere with), and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s or ’s, Master Lessee’s, any Tenant’s, or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.313.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender Administrative Agent shall have the right to direct Borrower to obtain consultants reasonably approved by Lender Administrative Agent to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender Administrative Agent and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender Administrative Agent may reasonably require due to the results obtained from the foregoing. Borrower grants LenderAdministrative Agent, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender Administrative Agent upon demand and shall be secured by the Lien of the Security Instrument. Lender Administrative Agent shall not unreasonably interfere with, and Lender Administrative Agent shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender Administrative Agent shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien Liens of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinderinterfere with, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s, Master Lessee’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Mezzanine Lender shall have the right to direct Mezzanine Borrower to obtain consultants reasonably approved by Mezzanine Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant) to Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with (and shall cause Mortgage Borrower not to unreasonably interfere with), and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of (i) if the Existing Citibank Lease is no longer in effect, an Environmental Event with respect to the Property or (ii) an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and studies, but such access shall be subject to the rights of Tenants under their Leases. The reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand within thirty (30) days after an invoice therefor, accompanied by evidence as may be reasonably required to establish such cost, is delivered to Borrower, and shall be secured by the Lien of the Security Instrument, subject to Section 13(a) of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor. Lender shall be responsible for any damage to the Property or the property of any Tenants resulting solely from the gross negligence and willful misconduct of Lender relating to any such inspections.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a non-privileged record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing, provided that if such audit shall be undertaken with respect to an Environmental Event, such audit shall be limited to a scope reasonably necessary to assess the subject matter of the Environmental Event. Subject to applicable Gaming Laws, Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances circumstances, during normal business hours on Business Days upon reasonable advance written notice, for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security InstrumentInstruments. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s, Master Lessee’s or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a non-privileged record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing, provided that if such audit shall be undertaken with respect to an Environmental Event, such audit shall be limited to a scope reasonably necessary to assess the subject matter of the Environmental Event. Subject to applicable Gaming Laws, Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant to) Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances circumstances, during normal business hours on Business Days upon reasonable advance written notice, for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with, and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mortgage Borrower or Mezzanine Borrower or the handling of any environmental matter or hazardous wastes or substances of Mortgage Borrower or Mezzanine Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant) to Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with (and shall cause Mortgage Borrower not to unreasonably interfere with), and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s or ’s, Master Lessee’s, any Tenant’s, or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.313.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien Liens of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinderinterfere with , Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of 106 Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and of an Environmental Event or during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant Environmental Consultant chosen by Lender Borrower (so long as such consultant is reasonably acceptable to Lender) and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements improvements and air quality testing, and such further site assessments as reasonably recommended by such Environmental Consultant as a result of such audit and which Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances and subject to the rights of Bloomberg under the Bloomberg Lease, if any, for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon within five (5) Business Days of demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant Environmental Consultant to use its commercially reasonable efforts not to hinder, Borrower’s 's or any Tenant’sBloomberg's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien Liens of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinderinterfere with , Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate (and upon reasonable prior notice) for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Mezzanine Borrower grants (and shall cause each Senior Mezzanine Borrower to cause Mortgage Borrower to grant) to Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with (and shall cause each Senior Mezzanine Borrower to cause Mortgage Borrower not to unreasonably interfere with), and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s, any Tenant’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.313.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a non-privileged record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing, provided that if such audit shall be undertaken with respect to an Environmental Event, such audit shall be limited to a scope reasonably necessary to assess the subject matter of the Environmental Event. Subject to applicable Gaming Laws, Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant to) Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances circumstances, during normal business hours on Business Days upon reasonable advance written notice, for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement, the Security InstrumentPledge and the Mezzco V Pledge. Mezzanine Lender shall not unreasonably interfere with, and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mortgage Borrower, Mezzanine Borrower, any Senior Mezzanine Borrower or the handling of any environmental matter or hazardous wastes or substances of Mortgage Borrower, any Senior Mezzanine Borrower or Mezzanine Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a non-privileged record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing, provided that if such audit shall be undertaken with respect to an Environmental Event, such audit shall be limited to a scope reasonably necessary to assess the subject matter of the Environmental Event. Subject to applicable Gaming Laws, Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant to) Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances circumstances, during normal business hours on Business Days upon reasonable advance written notice, for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with, and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mortgage Borrower, Mezzanine Borrower or any Senior Mezzanine Borrower or the handling of any environmental matter or hazardous wastes or substances of Mortgage Borrower, any Senior Mezzanine Borrower or Mezzanine Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an during the continuance of any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Mezzanine Lender, its agents, consultants and contractors shall have the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge (Junior Tier Mezzanine). Mezzanine Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower, Senior Tier Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower, Senior Tier Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a non-privileged record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing, provided that if such audit shall be undertaken with respect to an Environmental Event, such audit shall be limited to a scope reasonably necessary to assess the subject matter of the Environmental Event. Subject to applicable Gaming Laws, Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant to) Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances circumstances, during normal business hours on Business Days upon reasonable advance written notice, for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement, the Security InstrumentPledge and the Mezzco IV Pledge. Mezzanine Lender shall not unreasonably interfere with, and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mortgage Borrower or Mezzanine Borrower, any Senior Mezzanine Borrower or the handling of any environmental matter or hazardous wastes or substances of Mortgage Borrower, any Senior Mezzanine Borrower or Mezzanine Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a Loan and Security Agreement record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s, Master Lessee’s, any Tenant’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Borrower shall comply in all material respects with the recommendations contained in the Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an during the continuance of any Event of Default, Lender shall have the right (subject to direct Borrower the terms of any Leases) to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the PropertyProperty (which, if no Event of Default exists, shall be limited to the extent necessary to determine the nature of the Environmental Event). Such audit shall be conducted by an environmental consultant Environmental Consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs Hazardous Materials or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon within ten (10) Business Days of written demand by Lender and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant Environmental Consultant to use its commercially reasonable best efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants (and shall cause Mortgage Borrower to grant) Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrumentthis Agreement and the Pledge. Lender shall not unreasonably interfere with (and shall cause Mortgage Borrower not to unreasonably interfere with), and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s, any Tenant’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Mortgage Borrower or Borrower or the handling of any environmental matter or hazardous wastes or substances of Mortgage Borrower or Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon Borrower shall have submitted to Lender, for Lender’s approval, for each Project an environmental, toxics and/or soils report(s) satisfactory to Lender, including drainage, boring (if applicable) and compacting data, together with such hydrology and other engineering reports that Lender may reasonably require, all of which shall be by engineers acceptable to Lender and shall indicate that the occurrence condition of the Property is suitable for construction of the A&D Improvements and during Homes thereon (without extraordinary land preparation) and for the continuance operation and maintenance of an Environmental Event the Project. Any recommendations in the approved soils, hydrology and other engineering reports must be complied with respect and incorporated into the Plans and Specifications. Each environmental assessment (Phase I assessment) of the Property and adjacent property shall be dated no earlier than one hundred eighty (180) days prior to the Property date hereof, and Borrower shall deliver to Lender any sampling and analysis (Phase II assessment) or an Event special limited assessment that Lender may require after review of Defaultthe Phase I assessment, together with any other environmental investigations and reports that Lender may reasonably require, all of which shall have be by a Lender-approved environmental consulting firm, and none of which shall reveal any existing or potential environmental condition adversely affecting the right to direct Borrower to obtain consultants reasonably approved by Lender to perform a comprehensive environmental audit use or value of the Property. Such audit Borrower shall be conducted by have delivered to Lender and Lender shall have approved a report of an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey assessments of the Propertyapplicable Project, which may include random sampling of the Improvements and air quality testingby environmental engineers acceptable to Lender containing such information, results, and such further site assessments certifications as Lender may reasonably require due require. If Lender determines, in its sole discretion, based on such reports or other information available to Lender that any further review should be obtained, Borrower shall also provide such follow up testing, reports, and other actions as may be required by Lender. The contents of the results obtained from the foregoingenvironmental assessment report and any follow up must be satisfactory to Lender. If such reports are addressed to Borrower, Borrower grants shall cause a reliance letter, in form and substance satisfactory to Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject provided to liability thereforLender.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of DefaultMortgaged Property, Lender the Administrative Agent shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Mortgaged Property. Such audit shall be conducted by an environmental consultant chosen by Lender the Administrative Agent and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Mortgaged Property, an asbestos survey of the Mortgaged Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender the Administrative Agent may reasonably require due to the results obtained from the foregoing. The Borrower grants Lenderand Mortgaged Property Owners grant the Administrative Agent, its agents, consultants and contractors the right to enter the Mortgaged Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by the Borrower to Lender the Administrative Agent upon demand and shall be secured by the Lien of the Security InstrumentInstruments. Lender The Administrative Agent shall not unreasonably interfere with, and Lender the Administrative Agent shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, the Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Mortgaged Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.37.9(3), Lender the Administrative Agent shall not be deemed to be exercising any control over the operations of the Borrower or Mortgaged Property Owners or the handling of any environmental matter or hazardous wastes or substances of the Borrower or Mortgaged Property Owners for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the any Individual Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the such affected Individual Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the such Individual Property, an asbestos survey of the such Individual Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) grants Lender, its agents, consultants and contractors the right to enter the any Individual Property affected by an Environmental Event as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s, Maryland Loan Guarantor’s, Master Lessee’s or any Tenant’s, other occupant’s or Manager’s operations upon the such Individual Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) or the handling of any environmental matter or hazardous wastes or substances of Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender Administrative Agent shall have the right to direct Borrower to obtain consultants reasonably approved by Lender Administrative Agent to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender Administrative Agent and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender Administrative Agent may reasonably require due to the results obtained from the foregoing. Borrower grants LenderAdministrative Agent, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender Administrative Agent upon demand and shall be secured by the Lien of the Security Instrument. Lender Administrative Agent shall not unreasonably interfere with, and Lender Administrative Agent shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender Administrative Agent shall not be deemed to be exercising any control over the 120 operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien Liens of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinderinterfere with, Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a non-privileged record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing, provided that if such audit shall be undertaken with respect to an Environmental Event, such audit shall be limited to a scope reasonably necessary to assess the subject matter of the Environmental Event. Subject to applicable Gaming Laws, Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant to) Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances circumstances, during normal business hours on Business Days upon reasonable advance written notice, for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with, and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mortgage Borrower, Mezzanine Borrower or Senior Mezzanine Borrower or the handling of any environmental matter or hazardous wastes or substances of Mortgage Borrower, Senior Mezzanine Borrower or Mezzanine Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an during the continuance of any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Mezzanine Lender, its agents, consultants and contractors shall have the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, 91 Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant) to Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with (and shall cause Mortgage Borrower not to unreasonably interfere with), and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property Collateral or an during the continuance of any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the PropertyCollateral. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the PropertyCollateral, an asbestos survey of the PropertyCollateral, which may include random sampling of the Improvements improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Mezzanine Lender, its agents, consultants and contractors shall have the right to enter the Property Collateral as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentLoan Documents. Mezzanine Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrowerany Tenant’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property Collateral when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant) to Mezzanine Lender, its agents, consultants and contractors contractors, upon reasonable advance notice to Mortgage Borrower, the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies studies, and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender (unless such Environmental Event was directly caused by Mezzanine Lender or its agents or representatives) upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with (and shall cause Mortgage Borrower not to unreasonably interfere with), and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon at the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.39.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an during the continuance of any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing. Mezzanine Borrower grants (and shall cause each Senior Mezzanine Borrower to cause Mortgage Borrower to grant) to Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with (and shall cause each Senior Mezzanine Borrower to cause Mortgage Borrower not to unreasonably interfere with), and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s or ’s, Master Lessee’s, any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.313.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mezzanine Borrower or Mortgage Borrower or the handling of any environmental matter or hazardous wastes or substances of Mezzanine Borrower or Mortgage Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants (and shall cause First Mezzanine Borrower to cause Mortgage Borrower to grant) Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrumentthis Agreement and the Pledge. Lender shall not unreasonably interfere with (and shall cause First Mezzanine Borrower to cause Mortgage Borrower not to unreasonably interfere with), and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s, any Tenant’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of any Senior Borrower or Borrower or the handling of any environmental matter or hazardous wastes or substances of any Senior Borrower or Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the any Individual Property or an any Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the such affected Individual Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance 95 assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the such Individual Property, an asbestos survey of the such Individual Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) grants Lender, its agents, consultants and contractors the right to enter the any Individual Property affected by an Environmental Event as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s, Maryland Loan Guarantor’s, Master Lessee’s or any Tenant’s, other occupant’s or Manager’s operations upon the such Individual Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) or the handling of any environmental matter or hazardous wastes or substances of Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender Administrative Agent shall have the right to direct Borrower to obtain consultants reasonably approved selected by Lender Administrative Agent to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender Administrative Agent may reasonably require due to the results obtained from the foregoing. Borrower grants LenderAdministrative Agent, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender Administrative Agent upon demand and shall be secured by the Lien of the Security Instrument. Lender Administrative Agent shall not unreasonably interfere with, and Lender Administrative Agent shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender Administrative Agent shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon The Company shall furnish the occurrence report or reports of a registered engineer or environmental consultant acceptable to the Bank, confirming that there are no material environmental problems associated with the Indiana Real Estate or the Michigan Real Estate. The report or reports shall be in form satisfactory to the Bank and during shall include, at a minimum: A) a statement of the continuance results of an Environmental Event examination of all relevant documents and records concerning ownership and use of the applicable Real Estate; B) a statement of the results of an inspection of the applicable Real Estate, which inspection shall have included the use of such equipment as is customarily used by engineers and environmental consultants in connection with respect the preparation of "Phase I" environmental reports to detect traces of buried Hazardous Substances and underground storage tanks and drums and which inspection shall have been made for the purpose of determining whether all or any part of the applicable Real Estate is being used or has been used to store or dispose of any Hazardous Substances in quantities which are or could be detrimental to the Property applicable Real Estate, human health or an Event the environment or in violation of Defaultany laws or regulations, Lender shall have state or federal, whether the right to direct Borrower to obtain consultants reasonably approved applicable Real Estate is or has been affected by Lender to perform any Hazardous Substances and whether the applicable Real Estate contains or has contained any underground storage tanks or asbestos of any kind, and a comprehensive environmental audit statement of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey recommendations of the Propertyreporting engineer or consultant as to such further investigation or tests, which if any, as may include random sampling be necessary to resolve such issues; C) confirmation that the applicable Real Estate is not listed as a known hazardous waste site on any environmental reporting list maintained by any governmental agency having jurisdiction as to environmental matters over the applicable Real Estate, and D) a statement of the Improvements and air quality testing, and professional qualifications of the engineer or consultant who prepared such further site assessments report. The Company shall also furnish to the 19 Bank the supplemental report of the reporting engineer or consultant as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due further tests and payable by Borrower to Lender upon demand and shall be secured by investigations as may have been recommended in the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability thereforinitial report.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an any Event of Default, Mezzanine Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive an environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Mezzanine Lender and may include a visual survey, a non-privileged record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Mezzanine Lender may reasonably require due to the results obtained from the foregoing, provided that if such audit shall be undertaken with respect to an Environmental Event, such audit shall be limited to a scope reasonably necessary to assess the subject matter of the Environmental Event. Subject to applicable Gaming Laws, Mezzanine Borrower grants (and shall cause Mortgage Borrower to grant to) Mezzanine Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances circumstances, during normal business hours on Business Days upon reasonable advance written notice, for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Mezzanine Borrower to Mezzanine Lender upon demand and shall be secured by the Lien of this Agreement and the Security InstrumentPledge. Mezzanine Lender shall not unreasonably interfere with, and Mezzanine Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Mortgage Borrower’s, Master Lessee’s or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Mezzanine Lender shall not be deemed to be exercising any control over the operations of Mortgage Borrower or Mezzanine Borrower, Senior Mezzanine Borrower or the handling of any environmental matter or hazardous wastes or substances of Mortgage Borrower, Senior Mezzanine Borrower or Mezzanine Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s 's or any Tenant’s's, other occupant’s 's or Manager’s 's operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.therefore

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain have its consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors contractors, upon reasonable advance notice to Borrower, the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender (unless such Environmental Event was directly caused by Lender or its agents or representatives) upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.

Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the any Borrowing Base Property or any Event of Default, the Administrative Agent shall have the right to have its consultants perform an environmental audit of the Borrowing Base Property which is the subject of such Environmental Event or, in the case of an Event of Default, Lender shall have the right to direct Borrower to obtain consultants reasonably approved by Lender to perform a comprehensive environmental audit any one or more of the PropertyBorrowing Base Properties. Such audit shall be conducted by an environmental consultant chosen by Lender the Administrative Agent and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the such Borrowing Base Property, an asbestos survey of the such Borrowing Base Property, which may include random sampling of the Improvements improvements and air quality testing, and such further site assessments as Lender the Administrative Agent may reasonably require due to the results obtained from the foregoing. Borrower Each PropCo Subsidiary grants Lenderthe Administrative Agent, its agents, consultants and contractors the right to enter the each Borrowing Base Property as reasonable or appropriate for the circumstances for the purposes purpose of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender the Administrative Agent upon demand and shall be secured by the Lien of the Security Instrumentdemand. Lender The Administrative Agent shall not unreasonably interfere with, and Lender the Administrative Agent shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s, any PropCo Subsidiary’s, Master Lessee’s or any Tenant’s, ’s or other occupant’s or Manager’s operations upon the such Borrowing Base Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.315.3, Lender the Administrative Agent shall not be deemed to be exercising any control over the operations of Borrower or any PropCo Subsidiary or the handling of any environmental matter or hazardous wastes or substances of Borrower or any PropCo Subsidiary for purposes of incurring or being subject to liability therefor.