Common use of Environmental Reports Clause in Contracts

Environmental Reports. (a) CHC shall have the right to request from Community Financial copies of any environmental reports with respect to real property owned, leased or operated by Community Financial or Community Bank. CHC, within ten (10) days after the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC shall have ten (10) days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type of any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed $200,000, then CHC shall have the right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Seller shall have furnished to Buyer before the right to request from Community Financial copies date of this Agreement any environmental reports with respect related to real any property ownedowned or being used by Seller. Buyer, leased or operated by Community Financial or Community Bank. CHCat its sole discretion, within ten (10) may obtain, as soon as reasonably practical, but not later than 30 days after the date hereof (or within ten days after the acquisition of lease of any real property acquired or leased after the date hereof), may order a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as its Subsidiaries (but excluding space in office or retail and similar establishments leased by Seller or its subsidiaries for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided in Buyer's reasonable opinion, Seller shall provide to or obtained Buyer, within 40 days of the receipt by CHC pursuant to this Section 6.10Seller of the request of Buyer therefor, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and Buyer shall have 5 business days to request Seller to obtain a phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC investigation report. Buyer shall have ten (10) 5 business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,000150,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then CHC Buyer shall have the right pursuant to Section 7.1 hereof, for a period of ten business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement, which shall be Buyer's sole remedy in such event. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the The costs of such remediation the phase one and phase two investigations, if any, shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectborne by Buyer. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC shall have the right to request from Community Financial copies Unless Buyer provides Seller with a reduced list of any environmental reports with respect to real property owned, leased or operated by Community Financial or Community Bank. CHC, properties within ten (10) days after the date of this Agreement, Seller shall provide to Buyer, as soon as reasonably practical, but not later than 30 days after the date hereof (or within ten days after the acquisition of lease of any real property acquired or leased after the date hereof), may order a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as its Subsidiaries (but excluding space in office or retail and similar establishments leased by Seller or its subsidiaries for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided in Buyer's reasonable opinion, Seller shall provide to or obtained Buyer, within 60 days of the receipt by CHC pursuant to this Section 6.10Seller of the request of Buyer therefor, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs Buyer shall have seven business days from receipt of any such phase one and investigation report to request Seller to obtain a phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC investigation report with respect to such real property. Buyer shall have ten (10) seven business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,000500,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then CHC Buyer shall have the right pursuant to Section 7.1(h) hereof, for a period of ten business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement, which shall be Buyer's sole remedy in such event. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the The costs of such remediation the phase one investigations, if any, shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectborne by Seller. The costs of the phase two investigations, if any, shall be borne by Buyer. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Liberty shall have the right to request from Community Financial provide Peoples copies of any environmental reports it has obtained or received with respect to real property ownedthe Real Property within five business days after the date hereof. Peoples, leased or operated by Community Financial or Community Bank. CHCin its discretion, within ten (10) 20 days after the date hereof, may shall order a phase one and/or phase two environmental report by a consultant acceptable with respect to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No estate of Liberty; provided, however, that no such reports shall may be requested with respect to any such single family non-agricultural property of one acre or less unless CHC Peoples has reason to believe that such property might contain any waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Peoples shall have ten (10) 15 business days from the receipt of any such phase two investigation report environmental reports to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Liberty of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)reports. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures with respect to all of such real estate, (i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,00010,000 as reasonably estimated by an environmental expert retained for such purpose by Peoples and reasonably acceptable to Liberty, then CHC or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty such circumstances shall be deemed an “Environmental Problem.” Upon the occurrence of an Environmental Problem, Peoples shall have the right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the All costs of such remediation shall not be taken into account in determining whether Community Financial has had any phase one investigation and any phase two investigation or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement environmental report requested pursuant to this Section 6.10 that does not recommend or otherwise, CHC promptly shall deliver to Community Financial copies suggest the taking of any remedial or corrective actions shall be at Peoples’ sole cost and expense. Liberty agrees to pay the costs of any phase two investigation prepared or conducted at Peoples’ request pursuant to this Section that recommends or suggests the taking of remedial or corrective action. Peoples does hereby agree to restore at its cost any property for which it has undertaken an environmental report prepared by CHC investigation to the condition existing immediately prior to such investigation if the investigation does not recommend or any third party retained by CHC. Any results suggest the taking of remedial or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationcorrective action.

Environmental Reports. (a) CHC Seller shall have the right to request from Community Financial copies cooperate with Buyer so that Buyer may as soon as reasonably practicable obtain, at Buyer's expense, a report of any environmental reports with respect to a phase one environmen- tal investigation on all real property owned, leased or operated oper- ated by Community Financial Seller or Community Bank. CHCany of the Seller Subsidiaries as of the date hereof (but excluding Brio or Brio related properties, "other real estate owned," property held in trust or in a fiduciary capacity and space in retail or similar establishments leased by Seller or any of the Seller Subsidiaries for automatic teller machines or bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten (10) days after the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Seller or Community Bank as any of the Seller Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Seller or any of the Seller Subsidiaries for automatic teller machines or bank branch facilities where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to all tenants of such property). If advisable in light of the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested report with respect to any such parcel of real property unless CHC has reason referred to believe above, in the reasonable opinion of Buyer, Seller shall also cooperate with Buyer so that such property might contain any waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10Buyer may obtain, and within ten (10) days after learning of such requirementat Buyer's expense, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation report on properties requiring such additional studydesignated parcels. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial Seller of any dissatisfaction with the contents of such report. The after-tax costs (“Phase Two Notice”based on the highest federal marginal tax rate) of the anticipated cost and type of any all remedial or other corrective actions or measures with regard to the real properties referred to above required by applicable law up to and including $6.5 million in the aggregate shall be paid by Buyer. Such after-tax costs of remedial or other corrective actions or measures with regard to such real properties so required which are recommended in such report as a result exceed $6.5 million shall be the responsibility of possible legal liability arising Seller and shall be deducted from the existence of conditions identified consideration to be paid by Buyer pursuant to this Merger Agreement; provided that in the event such report (“Remediation Estimate”). Should the Remediation Estimate after-tax costs exceed $200,000, then CHC 30,000,000 Seller shall have the right pursuant to Section 7.01 (f) hereof to terminate this Agreement. Should Any costs associated with the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but Brio property or Brio related properties are assumed in the costs transaction and are not part of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to subject matter of this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information5.16.

Environmental Reports. Heartland shall provide to Banterra, as soon as reasonably practical, but not later than sixty (a60) CHC shall have days after the right to request from Community Financial copies date hereof, a report of any a phase one environmental reports with respect to investigation on all real property ownedowned (including, without limitation, Other Real Estate Owned and property leased or operated by Community Financial Heartland or Community Bank. CHC, any of its subsidiaries as of the date hereof (other than space in retail and similar establishments leased by Heartland or any of its subsidiaries for automatic teller machines)) and within ten (10) days after the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Heartland or Community Bank its subsidiaries after the date hereof (but excluding space in office or retail and similar establishments leased by Heartland or its subsidiaries for automatic teller machines), except as to which CHC has not been otherwise provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedin Section 4.01(b)(xiv) hereof. If required by any the phase one investigation or similar environmental report provided in Banterra's reasonable opinion, Heartland shall provide to or obtained by CHC pursuant to this Section 6.10Banterra, and within ten sixty (1060) days after learning of such requirementthe receipt by Heartland of the request of Banterra therefor, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Banterra shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Heartland of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of One Hundred Thousand Dollars ($200,000100,000) as reasonably estimated by an environmental expert retained for such purpose by Banterra and reasonably acceptable to Heartland, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then CHC Banterra shall have the right pursuant to Section 7.03 hereof, for a period of fifteen (15) business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate , which shall be less than $200,000, Community Financial shall undertake Banterra's sole remedy in such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectevent. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC shall have If requested by Parkvale within 30 days of the right to request from Community Financial copies date hereof (or within 20 days after Parkvale is informed of the permitted acquisition or lease of any environmental reports with respect to real property owned, leased or operated by Community Financial or Community Bank. CHC, within ten (10) days Masontown after the date hereof), may order Masontown shall provide to Parkvale, as soon as reasonably practicable, but not later than 30 days from the receipt by Masontown of the request of Parkvale therefor, a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Masontown (but excluding space in office or Community Bank as retail and similar establishments leased by Masontown for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one environmental investigation or similar environmental report provided in Parkvale's reasonable opinion, Masontown shall provide to or obtained Parkvale, within 45 days of the receipt by CHC pursuant to this Section 6.10Masontown of the request of Parkvale therefor, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two environmental investigation on properties requiring such additional study. Parkvale shall have ten days from its receipt of the phase one environmental investigation to request a phase two environmental investigation. The costs of any such the phase one and phase two investigations and reportsenvironmental investigations, and all property restoration costs arising from any phase two investigationif any, shall be borne by CHCParkvale. (b) CHC shall have ten (10) days from Should the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) sum of the anticipated cost and type of any taking all remedial or other corrective actions which are and measures (i) required by applicable law, including applicable cleanup standards, or reasonably likely to be required by applicable law, and (ii) not required or likely required by applicable law, but recommended or suggested by the above report or reports or prudent in light of serious life, environmental, health or safety concerns exceed the sum of $200,000 as reasonably estimated by an environmental expert retained for such report as a result purpose by Parkvale and reasonably acceptable to Masontown, or if the cost of possible legal liability arising from the existence such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed $200,000certainty, then CHC Parkvale shall have the right pursuant to Section 8.1(h) hereof, for a period of 20 business days following receipt of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. Bancorp and Bank shall provide to Acquiror, as soon as practical, but not later than 45 days after the date hereof, a Vista Environmental Report (aa sample of which is attached to Acquiror's Disclosure Letter) CHC shall have the right to request from Community Financial copies of any containing a preliminary environmental reports with respect to investigation on all real property owned, leased or operated (including OREO) by Community Financial Bancorp or Community Bank. CHC, Bank as the date hereof and within ten days after the acquisition or lease of any real property acquired or leased (10including OREO) days by the Bancorp or Bank after the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminated. If required by any said preliminary investigation in Acquiror's reasonable opinion, Bancorp and Bank shall provide to Acquiror a phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10and, and within ten (10) days after learning of such requirementif necessary in Acquiror's reasonable opinion, CHC may order a report by a consultant acceptable to Community Financial of a phase two environmental report of further investigation on properties requiring such additional study. The costs expenses of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, reports shall be borne by CHC. (b) CHC Bancorp or Bank. Acquiror shall have ten (10) days 15 Business Days from the receipt of any such phase two investigation a report pursuant to this Section 5.12 to notify Community Financial (“Phase Two Notice”) of the anticipated cost Bancorp and type Bank of any remedial or corrective actions which are recommended in objections to the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate costs of taking all remedial and corrective actions and measures (i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in the light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,00025,000 as reasonably estimated by an environmental expert retained for such purpose by Bancorp or Bank and reasonably acceptable to Acquiror, or if the cost of such actions and measures cannot be reasonably estimated by such expert to be $25,000 or less with any reasonable degree of certainty, then CHC such costs of remedial and corrective actions and measures shall be deemed to be Significant Liabilities as defined in this Agreement. Acquiror shall have the right pursuant to Section 10.1(h) hereof and Bancorp and Bank shall have the right pursuant to Section 10.1(j) hereto, for a period of 10 Business Days following receipt of such estimate or indication that the costs of such actions and measures are reasonably estimated to exceed $1,500,000 on an after tax basis or can not be reasonably estimated to be less than $1,500,000 on an after tax basis, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had without liability to Bancorp or is reasonably likely to have a Material Adverse EffectBank or Section 5.12. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Seller shall have furnished to Buyer before the right to request from Community Financial copies date of this Agreement any environmental reports with respect related to real any property ownedowned or being used by Seller. Buyer, leased or operated by Community Financial or Community Bank. CHC, within ten (10) days after the date hereofin its sole discretion, may order obtain, at its expense, a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as any of its Subsidiaries (but excluding space in office or retail and similar establishments leased by Seller or any of its Subsidiaries for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10investigation, and within ten (10) days after learning of such requirementin Buyer's reasonable opinion, CHC Buyer may order require, at its expense, a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten five (105) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any reasonable dissatisfaction with the contents of such report. Buyer shall provide Seller with copies of all phase one and phase two investigation reports promptly after Buyer's receipt of such reports. Buyer shall indemnify and hold harmless Seller from and against any and all damages, losses, claims, actions, or lawsuits arising from or related to any acts or omissions of Seller's environmental experts and their agents. Should the cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) reasonably recommended or suggested by such report or reports or reasonably prudent in light of serious life, health, or safety concerns, in the aggregate, exceed the sum of $100,000 but be less than $500,000, as reasonably estimated by an environmental expert retained for such purpose by Buyer, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be $50,000 or less with any reasonable degree of certainty, then the Total Merger Consideration shall be reduced by an amount equal to the estimated cost of such remedial or corrective actions, provided, however, that in the event Seller, at its expense, retains its own environmental expert who disagrees with Buyer's expert regarding (x) whether any remedial actions which are recommended in such report as a result required, reasonably likely to be required, or reasonably prudent, or (y) the estimated cost of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed $200,000remedial actions, then CHC such disagreement(s) shall be settled by a third environmental expert, selected, retained, and compensated jointly by Buyer and Seller, whose determination shall be final. If such remedial or other corrective actions and measures are or can reasonably be estimated by such environmental expert to be less than $100,000, then Buyer shall be obligated to consummate the Corporate Merger, subject to the satisfaction of all other conditions to Closing set forth herein, without a reduction in the Total Merger Consideration. If such remedial or other corrective actions and measures are or can reasonably be estimated by such environmental expert to be in excess of $500,000, then Buyer or Seller, upon providing not less than ten (10) business days' notice to the other Parties, shall have the right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Seller shall have furnished to Buyer before the right to request from Community Financial copies date of this Agreement any environmental reports with respect related to real any property ownedowned or being used by Seller. Buyer, leased or operated by Community Financial or Community Bank. CHCat its sole discretion, within ten (10) may obtain, as soon as reasonably practical, but not later than 30 days after the date hereof (or within ten days after the acquisition of lease of any real property acquired or leased after the date hereof), may order a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as its Subsidiaries (but excluding space in office or retail and similar establishments leased by Seller or its subsidiaries for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided in Buyer's reasonable opinion, Seller shall provide to or obtained Buyer, within 40 days of the receipt by CHC pursuant to this Section 6.10Seller of the request of Buyer therefor, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and Buyer shall have 5 business days to request Seller to obtain a phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC investigation report. Buyer shall have ten (10) 5 business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,000150,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then CHC Buyer shall have the right pursuant to Section 7.1 hereof, for a period of ten business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement, which shall be Buyer's sole remedy in such event. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the The costs of such remediation the phase one and phase two investigations, if any, shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectpaid by Buyer. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. Buyers may perform, as soon as reasonably --------------------- practicable, but not later than ninety (a90) CHC shall have days after the right to request from Community Financial copies date hereof, a phase one environmental investigation and/or asbestos survey by Environmental Operations, Inc. or any other firm designated by Buyers, or any of any environmental reports with respect to them, on all real property owned, leased or operated by Community Financial Seller or Community Bank. CHC, any of the Seller Subsidiaries as of the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten fifteen (1015) days after being notified by Sellers of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Seller or Community Bank as any of the Seller Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank facilities where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the results of the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10indicate, and within ten (10) days after learning of such requirementin Buyers' reasonable opinion, CHC that additional investigation is warranted, Buyers may order a report by a consultant acceptable to Community Financial of perform, at Buyers' expense, a phase two subsurface investigation or investigations by Environmental Operations, Inc. on properties requiring deemed to warrant such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, Buyers shall be borne by CHC. (b) CHC shall have ten (10) days from the receipt of perform any such phase two investigation report to notify Community Financial (“Phase Two Notice”) as soon as reasonably practicable after receipt of the anticipated cost phase one report(s) for such properties and, in any event, shall notify Seller and type Environmental Operations, Inc. within fifteen (15) days after receipt of the phase one report that Environmental Operations, Inc. should promptly commence any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)phase two investigation. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or (ii) recommended by Environmental Operations, Inc. in such phase one or two report or reports, in the aggregate, exceed the sum of $200,000500,000, then CHC as reasonably estimated by Environmental Operations, Inc., or if the cost of such actions or measures cannot be so reasonably estimated by Environmental Operations, Inc. to be such amounts or less with any reasonable degree of certainty, Buyers shall have the right pursuant to Section 7.01(e) hereof, for a period of fifteen (15) business days following receipt from Environmental Operations, Inc. of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Seller shall have furnished to Buyer before the right to request from Community Financial copies date of this Agreement any environmental reports with respect related to real any property ownedowned or being used by Seller. Buyer, leased or operated by Community Financial or Community Bank. CHCat its sole discretion, within ten (10) may obtain, as soon as reasonably practical, but not later than 30 days after the date hereof (or within ten days after the acquisition of lease of any real property acquired or leased after the date hereof), may order a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as its Subsidiaries (but excluding space in office or retail and similar establishments leased by Seller or its subsidiaries for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided in Buyer's reasonable opinion, Seller shall provide to or obtained Buyer, within 40 days of the receipt by CHC pursuant to this Section 6.10Seller of the request of Buyer therefor, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and Buyer shall have 5 business days to request Seller to obtain a phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC investigation report. Buyer shall have ten (10) 5 business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,000150,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then CHC Buyer shall have the right pursuant to Section 7.1 hereof, for a period of ten business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement, which shall be Buyer's sole remedy in such event. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the The costs of such remediation the phase one and phase two investigations, if any, shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectpaid by Buyer. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Seller shall have furnished to Buyer before the right to request from Community Financial copies date of this Agreement any environmental reports with respect related to real any property ownedowned or being used by Seller. Buyer, leased or operated by Community Financial or Community Bank. CHCat its sole discretion, within ten (10) may obtain, as soon as reasonably practical, but not later than 45 days after the date hereof (or within ten days after the acquisition or lease of any real property acquired or leased after the date hereof), may order a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as its Subsidiaries (but excluding space in office or retail and similar establishments leased by Seller or its subsidiaries for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided in Buyer's reasonable opinion, Seller shall provide to or obtained Buyer, within 40 days of the receipt by CHC pursuant to this Section 6.10Seller of the request of Buyer therefor, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten (10) 5 business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any dissatisfaction with the contents of such report. Should the cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $250,000 but be less than $1,000,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be $250,000 or less with any reasonable degree of certainty, then the Per Share Merger Consideration shall be reduced by an amount equal to (a) the estimated cost of such remedial or corrective actions which are recommended in such report as a result divided by (b) the sum of possible legal liability arising from (i) the existence of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed $200,000, then CHC shall have the right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.number of

Environmental Reports. Prime shall disclose to Summit all matters of the types described in Section 2.22 hereof which Prime would have been required to disclose to Summit on the date hereof if known to Prime on the date hereof, as such become known to Prime between the date hereof and the Effective Time. In addition, Summit may at its expense perform, or cause to be performed, a phase one environmental investigation, an asbestos survey, or both of the foregoing, (ai) CHC shall have within 90 days following the right to request from Community Financial copies date of any environmental reports with respect to this Agreement, on all real property owned, leased or operated by Community Financial Prime or Community Bank. CHCany of its subsidiaries as of the date of this Agreement (but excluding space in retail or similar establishments leased by Prime for automatic teller machines or leased Bank branch facilities where the space leased by Prime comprises less than 20% of the total space leased to all tenants of such property), and (ii) within ten (10) 15 days after being notified by Prime of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned by Community Financial it or Community its subsidiaries after the date of this Agreement, on the real property so acquired or leased (but excluding space in retail or similar establishments leased by Prime for automatic teller machines or leased Bank as branch facilities where the space leased by Prime comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to all tenants of such property). If the foregoing sentence for which CHC desires results of a phase one environmental investigation. No such reports shall be investigation (whether requested with respect to any such property unless CHC has reason to believe by Prime or Summit) indicate, in the reasonable opinion of Summit, that such property might contain any waste materials or otherwise might be contaminated. If required by any additional investigation is warranted, Summit may at its expense, within 15 days after receipt of the particular phase one investigation report, perform or similar environmental report provided cause to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of be performed a phase two investigation on the property or properties requiring deemed by Summit to warrant such additional study. The costs study or notify Prime and an environmental consulting firm within 15 days after the receipt of any such the particular phase one and phase two investigations and reports, and all property restoration costs arising from any report that the environmental consulting firm should promptly commence a phase two investigation. If the cost of taking all remedial or other corrective actions and measures (as required by applicable law, shall be borne as recommended or suggested by CHC. (b) CHC shall have ten (10) days from the receipt of any such phase one or phase two investigation report reports (without regard to notify Community Financial (“Phase Two Notice”who requested such reports) or as may be prudent in light of serious life, health or safety concerns), if any, is in the anticipated aggregate in excess of $3,000,000, as reasonably estimated by an environmental expert retained for such purpose by Summit at its sole expense, or if the cost of such actions and type measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed $200,000certainty, then CHC Summit shall have the right pursuant to Section 9.02(d)(3) of this Agreement to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Purchaser acknowledges that it has received a Phase I Environmental Report prepared by Page Engineering, Inc. relating to the Real Property as provided by Seller. Purchaser shall have the right to request from Community Financial copies of any environmental reports with respect to real property ownedright, leased or operated by Community Financial or Community Bank. CHCat its own cost, within ten for thirty (1030) days after the date hereofof this Agreement, may order to obtain a phase one report of a Phase I environmental report investigation by a consultant an environmental expert retained by Purchaser and reasonably acceptable to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to Seller on the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedReal Property. If required by any phase one the Phase I investigation or similar in Purchaser’s reasonable opinion, Purchaser may, at its own cost, obtain a Phase II investigation by an environmental report provided to or obtained expert retained by CHC pursuant to this Section 6.10, Purchaser and within ten (10) days after learning of such requirement, CHC may order a report by a consultant reasonably acceptable to Community Financial of a phase two investigation Seller on properties requiring the Real Property and, in such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigationevent, shall be borne promptly deliver to Seller updates of all field work conducted and notes taken by CHC. (b) CHC the consultant conducting such examination. Purchaser shall have ten (10) days from the receipt of any such phase two investigation report to notify Community Financial Seller in writing of any material environmental concerns necessary to comply with applicable law. Within ten (“Phase Two Notice”10) days of the anticipated delivery of such notification, Purchaser shall obtain an estimate or indication as described below regarding the cost of taking remedial and type of any remedial or corrective actions which are recommended in or the inability to make such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)an estimate. Should the Remediation Estimate cost of taking all remedial and corrective actions and measures (a) required by applicable law or (b) recommended or suggested by such report or reports and prudent in light of the findings of such report, in the aggregate, exceed the sum of $200,00050,000, as reasonably estimated by an environmental expert promptly retained for such purpose by Purchaser and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert with any reasonable degree of certainty, then CHC Purchaser shall have the right, pursuant to Article X and Section 8.6 hereof, for a period of ten (10) days following receipt of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement by providing written notice to Seller within such ten (10) day period. Notwithstanding the foregoing, in the event the cost of such remedial and corrective measures (i) can be reasonably estimated by an expert retained for such purpose by Purchaser and reasonably acceptable to Seller and (ii) such cost, in the aggregate, exceeds $50,000, then Seller may elect, in its sole discretion, to (i) pay all costs and expenses of remedial and corrective measures, or (ii) reduce the dollar amount of the Deposit Premium (as defined below) to be paid by Purchaser to Seller in an amount equal to the difference between the estimated cost of such remedial and corrective actions and measures, and $50,000, whereupon Purchaser’s right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Article X and Section 6.10 or otherwise, CHC promptly 8.6 hereof shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationterminated.

Environmental Reports. (a) CHC Seller shall have furnished to Buyer before the right to request from Community Financial copies date of this Agreement any environmental reports with respect related to real any property ownedowned or being used by Seller. Buyer, leased or operated by Community Financial or Community Bank. CHC, within ten (10) days after the date hereofat its sole discretion, may order obtain a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedits Subsidiaries. If required by any the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10in Buyer's reasonable opinion, and within ten (10) days after learning of such requirement, CHC Buyer may order require a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten (10) 5 business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any dissatisfaction with the contents of such report. Should the cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $100,000 but be less than $500,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and acceptable to Seller, then the Per Share Merger Consideration shall be reduced by an amount equal to the estimated cost of such remedial or corrective actions which are recommended in such report as a result divided by the number of possible legal liability arising from the existence of conditions identified in such report issued and outstanding Seller Common Shares (“Remediation Estimate”excluding treasury shares). Should the Remediation Estimate exceed If such remedial or other corrective actions and measures are or can reasonably be estimated by such environmental expert to be less than $200,000100,000, then CHC Buyer shall be obligated to consummate the Merger, subject to the satisfaction of all other conditions to closing set forth herein, without a reduction in the Per Share Merger Consideration. If such remedial or other corrective actions and measures are or can reasonably be estimated by such environmental expert to be in excess of $500,000, then Buyer or Seller, upon providing not less than 10 business days' notice to the other Party, shall have the right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the The costs of such remediation the phase one and phase two investigations, if any, shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectborne by Buyer. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. Mercantile, at its expense, may perform, as soon as reasonably practicable, but not later than ninety (a90) CHC shall have days after the right to request from Community Financial copies of any date hereof, a phase one environmental reports with respect to investigation and/or asbestos survey by Environmental Operations, Inc. on all real property owned, leased or operated by Community Financial Firstbank or Community Bank. CHC, any of the Firstbank Subsidiaries as of the date hereof (but excluding space in retail and similar establishments leased by Firstbank for automatic teller machines or leased bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten fifteen (1015) days after being notified by Firstbank of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Firstbank or Community Bank as any of the Firstbank Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Firstbank for automatic teller machines or leased bank facilities where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the results of the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10indicate, and within ten (10) days after learning of such requirementin Mercantile's reasonable opinion, CHC that additional investigation is warranted, Mercantile may order a report by a consultant acceptable to Community Financial of perform, at its expense, a phase two subsurface investigation or investigations by Environmental Operations, Inc. on properties requiring deemed to warrant such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, Mercantile shall be borne by CHC. (b) CHC shall have ten (10) days from the receipt of perform any such phase two investigation report to notify Community Financial (“Phase Two Notice”) as soon as reasonably practicable after receipt of the anticipated cost and type of any remedial or corrective actions which are recommended in phase one report(s) for such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)properties. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or (ii) recommended by Environmental Operations, Inc. in such phase one or phase two report or reports in light of potentially serious life, health or safety concerns, in the aggregate, exceed the sum of $200,0007,000,000, then CHC as reasonably estimated by Environmental Operations, Inc. or if the cost of such actions or measures cannot be so reasonably estimated by Environmental Operations, Inc. to be such amounts or less with any reasonable degree of certainty, Mercantile shall have the right pursuant to Section 7.01(f) hereof, for a period of fifteen (15) business days following receipt from Environmental Operations, Inc. of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Association shall have the right to request from Community Financial provide Peoples copies of any environmental reports it has obtained or received with respect to real property ownedthe Real Property within five business days after the date hereof. Peoples, leased or operated by Community Financial or Community Bank. CHCin its discretion, within ten (10) 20 days after the date hereof, may shall order a phase one and/or phase two environmental report by a consultant acceptable with respect to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to estate of the foregoing sentence for which CHC desires a phase one environmental investigation. No Association; provided, however, that no such reports shall may be requested with respect to any such single family non-agricultural property of one acre or less unless CHC Peoples has reason to believe that such property might contain any waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Peoples shall have ten (10) 15 business days from the receipt of any such phase two investigation report environmental reports to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Association of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)reports. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures with respect to all of such real estate, (i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,00010,000 as reasonably estimated by an environmental expert retained for such purpose by Peoples and reasonably acceptable to the Association, then CHC or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty such circumstances shall be deemed an “Environmental Problem.” Upon the occurrence of an Environmental Problem, Peoples shall have the right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the All costs of such remediation shall not be taken into account in determining whether Community Financial has had any phase one investigation and any phase two investigation or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement environmental report requested pursuant to this Section 6.10 which does not recommend or otherwise, CHC promptly shall deliver to Community Financial copies suggest the taking of any remedial or corrective actions shall be at Peoples’ sole cost and expense. Association agrees to pay the costs of any phase two investigation prepared or conducted at Peoples’ request pursuant to this Section which recommends or suggests the taking of remedial or corrective action. Peoples does hereby agree to restore at its cost any property for which it has undertaken an environmental report prepared by CHC investigation to the condition existing immediately prior to such investigation if the investigation does not recommend or any third party retained by CHC. Any results suggest the taking of remedial or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationcorrective action.

Environmental Reports. The Bank shall provide to the Exchange Entities within twenty (a20) CHC shall have the right to request from Community Financial copies of any environmental reports days after request, with respect to real property ownedall Real Property presently owned by the Bank, leased and as soon as reasonably practicable, but not later than twenty (20) business days, after the acquisition or operated leasing, foreclosure or repossession by Community Financial or Community Bank. CHC, within ten (10) days after the Bank of any Real Property subsequent to the date hereof, may order a report of a phase one environmental report investigation of such Real Property consistent with ASTM practices (excluding space in retail or similar establishments leased by a consultant acceptable the Bank for automatic teller machines or bank branch facilities where the space leased comprises less than 20% of the total space leased to Community Financial all tenants of any real property owned such property). If required by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested report with respect to any such parcel of real property unless CHC has reason referred to believe that such property might contain any waste materials or otherwise might above, in the reasonable opinion of the Exchange Entities, the Exchange Entities shall be contaminated. If required by any phase one investigation or similar environmental report provided permitted to or obtained by CHC pursuant to this Section 6.10obtain, and within ten (10) days after learning of such requirementat its expense, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation report on properties requiring such additional studydesignated parcels as soon as practicable. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Exchange Entities shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Sellers of any dissatisfaction with the contents of such report. If the Exchange Entities are dissatisfied with the contents of such report due to the fact that: (i) the estimated costs of all remedial or other corrective actions which are recommended in such report as a result of possible legal liability arising from or measures with regard to the existence of conditions identified in such report real property referred to above required by applicable law (“the "Remediation Estimate”). Should the Remediation Estimate Costs") exceed $200,000250,000 in the aggregate, as reasonably estimated by an environmental expert retained for such purpose by the Exchange Entities, or (ii) the costs of such remedial or other corrective actions cannot be reasonably estimated by such expert to be $250,000 or less with any reasonable degree of certainty, then CHC the Exchange Entities, at its sole discretion, shall have the right to terminate this Agreement. Should Agreement upon fifteen (15) days' notice to Sellers unless Sellers, upon receipt of such notice, elect within fifteen (15) days thereafter to reduce the Merger Consideration by an amount equal to the Remediation Estimate be less than $200,000Costs (or in the case of an inability to estimate such costs, Community Financial shall undertake such remediation but by an amount equal to the actual costs of such remediation required remedial or other corrective actions), in which case the Merger Consideration shall be so reduced and this Agreement shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement terminated pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationSection.

Environmental Reports. (a) CHC Seller shall have the right to request from Community Financial provide Buyer copies of any environmental reports it has obtained or received with respect to real property ownedthe Real Estate within 5 Business Days after the date hereof. Buyer, leased or operated by Community Financial or Community Bank. CHCin its discretion, within ten (10) 20 days after the date hereof, may shall order a phase one and/or phase two environmental report by a consultant acceptable to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedthe Real Estate of Seller. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten (10) days 15 Business Days from the receipt of any such environmental reports to notify Seller of any dissatisfaction with the contents of such reports. Should the cost of taking all remedial or other corrective actions and measures with respect to the Real Estate in the aggregate (i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $50,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty such circumstances shall be deemed an “Environmental Problem.” Upon the occurrence of an Environmental Problem, Buyer, by giving written notice to Seller within thirty (30) days from Buyer’s discovery of the Environmental Problem, shall have the right to (A) terminate this Agreement without penalty or (B) to elect to proceed with the Transactions. All costs of any phase one investigation and any phase two investigation or environmental report requested pursuant to notify Community Financial (“Phase Two Notice”) of this Section which does not recommend or suggest the anticipated cost and type taking of any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)shall be at Buyer’s sole cost and expense. Should the Remediation Estimate exceed $200,000, then CHC shall have the right Seller agrees to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but pay the costs of such remediation shall not be taken into account in determining whether Community Financial has had any phase two investigation prepared or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement conducted at Buyer’s request pursuant to this Section 6.10 which recommends or otherwise, CHC promptly shall deliver suggests the taking of remedial or corrective action. Buyer does hereby agree to Community Financial copies restore at its cost any property for which it has undertaken an environmental investigation to the condition existing immediately prior to such investigation if the investigation does not recommend or suggest the taking of any environmental report prepared by CHC remedial or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationcorrective action.

Environmental Reports. Buyers may perform, as soon as reasonably practicable, but not later than ninety (a90) CHC shall have days after the right to request from Community Financial copies date hereof, and pay for, a phase one environmental investigation and/or asbestos survey by Environmental Operations, Inc. or any other firm designated by Buyers, or any of any environmental reports with respect to them, on all real property owned, leased or operated by Community Financial Seller or Community Bank. CHC, any of the Seller Subsidiaries as of the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten fifteen (1015) days after being notified by Sellers of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Seller or Community Bank as any of the Seller Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank facilities where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the results of the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10indicate, and within ten (10) days after learning of such requirementin Buyers' reasonable opinion, CHC that additional investigation is warranted, Buyers may order a report by a consultant acceptable to Community Financial of perform, at Buyers' expense, a phase two subsurface investigation or investigations by Environmental Operations, Inc. on properties requiring deemed to warrant such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, Buyers shall be borne by CHC. (b) CHC shall have ten (10) days from the receipt of perform any such phase two investigation report to notify Community Financial (“Phase Two Notice”) as soon as reasonably practicable after receipt of the anticipated cost phase one report(s) for such properties and, in any event, shall notify Seller and type Environmental Operations, Inc. within fifteen (15) days after receipt of the phase one report that Environmental Operations, Inc. should promptly commence any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)phase two investigation. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or (ii) recommended by Environmental Operations, Inc. in such phase one or two report or reports, in the aggregate, exceed the sum of $200,000750,000, then CHC as reasonably estimated by Environmental Operations, Inc., or if the cost of such actions or measures cannot be so reasonably estimated by Environmental Operations, Inc. to be such amounts or less with any reasonable degree of certainty, Buyers shall have the right pursuant to Section 7.01(e) hereof, for a period of fifteen (15) business days following receipt from Environmental Operations, Inc. of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Seller shall have furnished to Buyer before the right to request from Community Financial copies date of this Agreement any environmental reports with respect related to real any property ownedowned or being used by Seller. Buyer, leased or operated by Community Financial or Community Bank. CHC, within ten (10) days after the date hereofat its sole discretion, may order obtain a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as its Subsidiaries (but excluding space in office or retail and similar establishments leased by Seller or its subsidiaries for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10in Buyer’s reasonable opinion, and within ten (10) days after learning of such requirement, CHC Buyer may order require a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten (10) 5 business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any dissatisfaction with the contents of such report. Should the cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $50,000 but be less than $500,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be $50,000 or less with any reasonable degree of certainty, then the Per Share Merger Consideration shall be reduced by an amount equal to (a) the estimated cost of such remedial or corrective actions which divided by (b) the sum of (i) the number of issued and outstanding Seller Common Shares (excluding treasury shares) and (ii) the Seller Options. If such remedial or other corrective actions and measures are recommended in or can reasonably be estimated by such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed environmental expert to be less than $200,00050,000, then CHC Buyer shall be obligated to consummate the Merger, subject to the satisfaction of all other conditions to closing set forth herein, without a reduction in the Per Share Merger Consideration. If such remedial or other corrective actions and measures are or can reasonably be estimated by such environmental expert to be in excess of $500,000, then Buyer or Seller, upon providing not less than 10 business days’ notice to the other party, shall have the right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the The costs of such remediation the phase one and phase two investigations, if any, shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectborne by Buyer. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. The Bank shall provide to the Buyer, at the Bank's expense, but such expenses are not to exceed a total amount of $2,000, within thirty (a30) CHC shall have the right to request from Community Financial copies of any environmental reports days after request, with respect to real property ownedall Real Property presently owned by the Bank, leased and as soon as reasonably practicable, but not later than thirty (30) business days, after the acquisition or operated leasing, foreclosure or repossession by Community Financial or Community Bank. CHC, within ten (10) days after the Bank of any Real Property subsequent to the date hereof, may order a report of a phase one environmental report investigation of such Real Property consistent with ASTM practices (excluding space in retail or similar establishments leased by a consultant acceptable the Bank for automatic teller machines or bank branch facilities where the space leased comprises less than 20% of the total space leased to Community Financial all tenants of any real property owned such property). If required by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested report with respect to any such parcel of real property unless CHC has reason referred to believe that such property might contain any waste materials or otherwise might above, in the reasonable opinion of the Buyer, the Buyer shall be contaminated. If required by any phase one investigation or similar environmental report provided permitted to or obtained by CHC pursuant to this Section 6.10obtain, and within ten (10) days after learning of such requirementat its expense, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation report on properties requiring such additional studydesignated parcels as soon as practicable. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Sellers of any dissatisfaction with the contents of such report. If the Buyer is dissatisfied with the contents of such report due to the fact that: (i) the estimated costs of all remedial or other corrective actions which are recommended in such report as a result of possible legal liability arising from or measures with regard to the existence of conditions identified in such report real property referred to above required by applicable law (“the "Remediation Estimate”). Should the Remediation Estimate Costs") exceed $200,000150,000 in the aggregate, as reasonably estimated by an environmental expert retained for such purpose by the Buyer, or (ii) the costs of such remedial or other corrective actions cannot be reasonably estimated by such expert to be $100,000 or less with any reasonable degree of certainty, then CHC the Buyer, at its sole discretion, shall have the right to terminate this Agreement. Should Agreement upon fifteen (15) days' notice to Sellers unless Sellers, upon receipt of such notice, elect within fifteen (15) days thereafter to reduce the Bancshares Merger Consideration by an amount equal to the Remediation Estimate be less than $200,000Costs (or in the case of an inability to estimate such costs, Community Financial shall undertake such remediation but by an amount equal to the actual costs of such remediation required remedial or other corrective actions), in which case the Bancshares Merger Consideration shall be so reduced and this Agreement shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement terminated pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationSection.

Environmental Reports. Bancorp and Bank shall provide to FBA, as soon as reasonably practical, but not later than forty five (a45) CHC shall have days after the right to request from Community Financial copies date hereof, a report of any a phase one environmental reports with respect to investigation on all real property owned, leased or operated by Community Financial Bancorp or Community Bank. CHC, within ten (10) days after any Bancorp Subsidiary as of the date hereof, may order a phase one environmental report hereof (other than space in retail and similar establishments leased by a consultant acceptable to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence Bancorp for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10automatic teller machines), and within ten (10) days after learning the acquisition or lease of such requirementany real property acquired or leased by Bancorp or any Bancorp Subsidiary after the date hereof (other than space in retail and similar establishments leased or operated for automatic teller machines), CHC may order except as otherwise provided in Section 4.01(b)(ix). If required by the phase one investigation, in FBA's reasonable opinion, Bancorp shall obtain and provide to FBA a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC FBA shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Bancorp of any remedial or corrective actions which are recommended in objection to the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial and corrective actions and measures with respect to any real property owned by Bancorp or any Bancorp Subsidiary (i) required by applicable law or (ii) recommended or suggested by such report or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,000400,000 as reasonably estimated by an environmental expert retained for such purpose by FBA and reasonably acceptable to Bancorp, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be $400,000 or less with a reasonable degree of certainty, then CHC FBA shall have the right pursuant to Section 7.05 hereof, for a period of ten (10) business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate , which shall be less than $200,000, Community Financial shall undertake FBA's sole remedy in such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectevent. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. The Bank shall provide to the Buyer within twenty (a20) CHC shall have the right to request from Community Financial copies of any environmental reports days after request, with respect to real property ownedall Real Property presently owned by the Bank, leased and as soon as reasonably practicable, but not later than twenty (20) business days, after the acquisition or operated leasing, foreclosure or repossession by Community Financial or Community Bank. CHC, within ten (10) days after the Bank of any Real Property subsequent to the date hereof, may order a report of a phase one environmental report investigation of such Real Property consistent with ASTM practices (excluding space in retail or similar establishments leased by a consultant acceptable the Bank for automatic teller machines or bank branch facilities where the space leased comprises less than 20% of the total space leased to Community Financial all tenants of any real property owned such property). If required by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested report with respect to any such parcel of real property unless CHC has reason referred to believe that such property might contain any waste materials or otherwise might above, in the reasonable opinion of the Buyer, the Buyer shall be contaminated. If required by any phase one investigation or similar environmental report provided permitted to or obtained by CHC pursuant to this Section 6.10obtain, and within ten (10) days after learning of such requirementat its expense, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation report on properties requiring such additional studydesignated parcels as soon as practicable. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Sellers of any dissatisfaction with the contents of such report. If the Buyer is dissatisfied with the contents of such report due to the fact that: (i) the estimated costs of all remedial or other corrective actions which are recommended in such report as a result of possible legal liability arising from or measures with regard to the existence of conditions identified in such report real property referred to above required by applicable law (“the "Remediation Estimate”). Should the Remediation Estimate Costs") exceed $200,000150,000 in the aggregate, as reasonably estimated by an environmental expert retained for such purpose by the Buyer, or (ii) the costs of such remedial or other corrective actions cannot be reasonably estimated by such expert to be $100,000 or less with any reasonable degree of certainty, then CHC the Buyer, at its sole discretion, shall have the right to terminate this Agreement. Should Agreement upon fifteen (15) days' notice to Sellers unless Sellers, upon receipt of such notice, elect within fifteen (15) days thereafter to reduce the Bancshares Merger Consideration by an amount equal to the Remediation Estimate be less than $200,000Costs (or in the case of an inability to estimate such costs, Community Financial shall undertake such remediation but by an amount equal to the actual costs of such remediation required remedial or other corrective actions), in which case the Bancshares Merger Consideration shall be so reduced and this Agreement shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement terminated pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationSection.

Environmental Reports. (a) CHC Seller shall have the right provide to request from Community Financial copies of any environmental reports with respect to real property ownedBuyer, leased or operated by Community Financial or Community Bank. CHCas soon as ---------------------- reasonably practical, within ten (10) but not later than 30 days after the date hereof (or within ten days after the acquisition or lease of any real property acquired or leased after the date hereof), may order a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on real property owned or leased by Community Financial Seller or Community Bank as its Subsidiaries (but excluding space in office or retail and similar establishments leased by Seller or its subsidiaries for automatic teller machines or bank branch facilities or other office uses where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided in Buyer's reasonable opinion, Seller shall provide to or obtained Buyer, within 30 days of the receipt by CHC pursuant to this Section 6.10Seller of the request of Buyer therefor, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and Buyer shall have 10 business days to request Seller to obtain a phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC investigation report. Buyer shall have ten (10) 10 business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,00050,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then CHC Buyer shall have the right pursuant to Section 7.1(g) hereof, for a period of ten business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement, which shall be Buyer's sole remedy in such event. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the The costs of such remediation the phase one investigations, if any, shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectborne by Buyer. The costs of the phase two investigations, if any, shall be borne by Buyer. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. Seller and the Bank shall provide --------------------- to Acquiror, as soon as reasonably practical, but not later than forty five (a45) CHC shall have days after the right to request from Community Financial copies date hereof, a report of any a phase one environmental reports with respect to investigation on all real property owned, leased or operated by Community Financial or Community Bank. CHC, within ten (10) days after the Bank as of the date hereof, may order hereof (other than (i) space in retail and similar establishments leased by the Bank for automatic teller machines and (ii) property a phase one environmental report majority of the space in which is occupied by a consultant acceptable to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to parties other than the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10Bank), and within ten (10) days after learning the acquisition or lease of any real property acquired or leased by the Bank after the date hereof (other than the two categories of property excluded above), except as otherwise provided in Section 4.01(h). The cost of obtaining such requirementreports shall be split equally between Seller and Acquiror. If any recognized environmental conditions are identified in the phase one report, CHC may order and additional investigation thereof is required in Acquiror's reasonable opinion, Seller shall promptly obtain and provide to Acquiror a report by a consultant acceptable to Community Financial of a phase two investigation regarding such recognized environmental conditions on properties requiring with respect to which such additional study. The investigation is required (the costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall investigation to be borne paid by CHC. (b) CHC Acquiror). Acquiror shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any remedial or corrective actions which are recommended objection to the property in such report as a result of possible legal liability question arising from the existence results of conditions identified in such report (“Remediation Estimate”)any phase two investigation. Should the estimated costs of taking all remedial and corrective actions and measures required by applicable Environmental Law (the "Estimated Remediation Estimate exceed Costs") exceed, in the aggregate, the sum of $200,000100,000 as reasonably estimated by an environmental expert retained for such purpose by Acquiror and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be reasonably estimated by such expert to be $100,000 or less with a reasonable degree of certainty, then CHC Acquiror shall have the right pursuant to Section 7.01(e), for a period of ten (10) business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement, which shall be Acquiror's sole remedy in such event. Should If the Estimated Remediation Estimate be less than Costs are $200,000100,000 or less, Community Financial then Seller shall undertake such remediation but promptly either (I) cause the costs of such remediation shall not remedial and corrective actions contemplated in the phase two report or reports to be taken into account in determining whether Community Financial has had a manner reasonably satisfactory to Acquiror, or is reasonably likely (II) notify Acquiror in writing that Seller does not intend to have a Material Adverse Effectcause such remedial and corrective actions to be taken, in which case the Net Equity, Closing Net Equity and Final Net Equity shall each be reduced by $100,000. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC Seller shall have the right make available to request from Community Financial Buyer copies of any environmental reports it has obtained or received with respect to real property owned, leased or operated by Community Financial or Community Bank. CHC, the WEB Real Estate and the OREO within ten (10) Business Days after the date hereof. Buyer, in its discretion, within thirty (30) days after the date hereof, may order a phase one environmental report by with respect to any Real Estate of Seller and may order a consultant acceptable to Community Financial of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires phase two environmental report if a phase one environmental investigation. No report has reasonably indicated an Environmental Problem; provided, however, that no such reports shall may be requested with respect to any such single family non-agricultural property of one acre or less unless CHC Buyer has a good faith reason to believe that such property might contain any waste materials or otherwise might be contaminatedHazardous Materials. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten fifteen (1015) days Business Days from the receipt of any such environmental reports to notify Seller of any dissatisfaction with the contents of such reports. Should the cost (the “Environmental Remedial Cost”) of taking all remedial or other corrective actions and measures with respect to all Real Estate, in the aggregate (i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $250,000, after taking into consideration the reimbursement of Seller through any insurance policy, as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, such circumstances shall be deemed an “Environmental Problem.” All costs of any phase one investigation and any phase two investigation or environmental report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type of any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed $200,000, then CHC shall have the right to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement requested pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver be at Buyer’s sole cost and expense. Buyer does hereby agree to Community Financial copies of restore at its cost any property for which it has undertaken an environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC investigation to any third party not affiliated with CHC, unless CHC is required by law the condition existing immediately prior to disclose such informationinvestigation.

Environmental Reports. (a) CHC Seller shall have the right to request from Community Financial provide Buyer copies of any environmental reports it has obtained or received with respect to real property ownedthe Real Estate and all OREO within 5 Business Days after the date hereof. Buyer, leased or operated by Community Financial or Community Bank. CHCin its discretion, within ten (10) 20 days after the date hereof, may shall order a phase one and/or phase two environmental report by a consultant acceptable with respect to Community Financial any Real Estate or any OREO of any real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No Seller; provided, however, that no such reports shall may be requested with respect to any such single family non-agricultural property of one acre or less unless CHC the Buyer has reason to believe that such property might contain any waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten (10) days 15 Business Days from the receipt of any such environmental reports to notify Seller of any dissatisfaction with the contents of such reports. Should the cost of taking all remedial or other corrective actions and measures with respect to all Real Estate and OREO, in the aggregate (i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $500,000 as reasonably estimated by an environmental expert retained for such purpose by Buyer and reasonably acceptable to Seller, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty such circumstances shall be deemed an “Environmental Problem.” Upon the occurrence of an Environmental Problem, Buyer shall have the right to elect not to purchase the Real Estate for the Branch Office, Home Office or OREO affected by the Environmental Problem by giving written notice to Seller within thirty (30) days from Buyer’s discovery of the Environmental Problem and to proceed with the Transactions, without acquiring the affected Real Estate. In such event, the Purchase Price will be reduced by the Fair Market Value of the Real Estate not purchased. All costs of any phase one investigation and any phase two investigation or environmental report requested pursuant to notify Community Financial (“Phase Two Notice”) of this Section which does not recommend or suggest the anticipated cost and type taking of any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)shall be at Buyer’s sole cost and expense. Should the Remediation Estimate exceed $200,000, then CHC shall have the right Seller or AM TRU agree to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but pay the costs of such remediation shall not be taken into account in determining whether Community Financial has had any phase two investigation prepared or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement conducted at Buyer’s request pursuant to this Section 6.10 which recommends or otherwise, CHC promptly shall deliver suggests the taking of remedial or corrective action. Buyer does hereby agree to Community Financial copies restore at its cost any property for which it has undertaken an environmental investigation to the condition existing immediately prior to such investigation if the investigation does not recommend or suggest the taking of any environmental report prepared by CHC remedial or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationcorrective action.

Environmental Reports. Buyers may perform, as soon as --------------------- reasonably practicable, but not later than ninety (a90) CHC shall have days after the right to request from Community Financial copies date hereof, a phase one environmental investigation and/or asbestos survey by Environmental Operations, Inc. or any other firm designated by Buyers, or any of any environmental reports with respect to them, on all real property owned, leased or operated by Community Financial Seller or Community Bank. CHC, any of the Seller Subsidiaries as of the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten fifteen (1015) days after being notified by Sellers of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Seller or Community Bank as any of the Seller Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank facilities where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the results of the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10indicate, and within ten (10) days after learning of such requirementin Buyers' reasonable opinion, CHC that additional investigation is warranted, Buyers may order a report by a consultant acceptable to Community Financial of perform, at Buyers' expense, a phase two subsurface investigation or investigations by Environmental Operations, Inc. on properties requiring deemed to warrant such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, Buyers shall be borne by CHC. (b) CHC shall have ten (10) days from the receipt of perform any such phase two investigation report to notify Community Financial (“Phase Two Notice”) as soon as reasonably practicable after receipt of the anticipated cost phase one report(s) for such properties and, in any event, shall notify Seller and type Environmental Operations, Inc. within fifteen (15) days after receipt of the phase one report that Environmental Operations, Inc. should promptly commence any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)phase two investigation. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or (ii) recommended by Environmental Operations, Inc. in such phase one or two report or reports, in the aggregate, exceed the sum of $200,0001,000,000, then CHC as reasonably estimated by Environmental Operations, Inc., or if the cost of such actions or measures cannot be so reasonably estimated by Environmental Operations, Inc. to be such amounts or less with any reasonable degree of certainty, Buyers shall have the right pursuant to Section 7.01 (e) hereof, for a period of fifteen (15) business days following receipt from Environmental Operations, Inc. of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. Buyer, at the expense of Buyers, --------------------- may perform, as soon as reasonably practicable, but not later than ninety (a90) CHC shall have days after the right to request from Community Financial copies of any date hereof, a phase one environmental reports with respect to investigation and/or asbestos survey by Environmental Operations, Inc. on all real property owned, leased or operated by Community Financial Seller or Community Bank. CHC, any of the Seller Subsidiaries as of the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten fifteen (1015) days after being notified by Sellers of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Seller or Community Bank as any of the Seller Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank facilities where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the results of the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10indicate, and within ten (10) days after learning of such requirementin Buyers' reasonable opinion, CHC that additional investigation is warranted, Buyers may order a report by a consultant acceptable to Community Financial of perform, at Buyers' expense, a phase two subsurface investigation or investigations by Environmental Operations, Inc. on properties requiring deemed to warrant such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, Buyers shall be borne by CHC. (b) CHC shall have ten (10) days from the receipt of perform any such phase two investigation report to notify Community Financial (“Phase Two Notice”) as soon as reasonably practicable after receipt of the anticipated cost and type of any remedial or corrective actions which are recommended in phase one report(s) for such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)properties. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or (ii) recommended by Environmental Operations, Inc. in such phase one or phase two report or reports in light of potentially serious life, health or safety concerns, in the aggregate, exceed the sum of Five Hundred Thousand Dollars ($200,000500,000), then CHC as reasonably estimated by Environmental Operations, Inc. or if the cost of such actions or measures cannot be so reasonably estimated by Environmental Operations, Inc. to be such amounts or less with any reasonable degree of certainty, Buyers shall have the right pursuant to Section 7.01(e) hereof, for a period of fifteen (15) business days following receipt from Environmental Operations, Inc. of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. Seller shall provide to Mercantile, as --------------------- soon as reasonably practical, but not later than sixty (a60) CHC shall have days after the right to request from Community Financial copies date hereof, a report of any a phase one environmental reports with respect to investigation on all real property owned, leased or operated by Community Financial Seller or Community Bank. CHC, any of Seller Subsidiaries as of the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten (10) days after the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Seller or Community Bank as any of Seller Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or bank branch facilities where the space leased comprises less that 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the phase one investigation or similar environmental report provided investigation, in Mercantile's reasonable opinion, Seller shall provide to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order Mercantile a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Mercantile shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $250,000, as reasonably estimated by an environmental expert retained for such purpose by Mercantile, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, Buyers, after providing written notice of its intent to do so and allowing Seller a six-month period from the date of such notice to take and complete, to the reasonable satisfaction of Buyers, all such remedial or other corrective actions and measures (the cost of which shall not exceed $200,000250,000), then CHC shall have the right pursuant to Section 8.01(f) hereof to terminate this Agreement. Should the Remediation Estimate , which shall be less than $200,000, Community Financial shall undertake Buyers' sole remedy in such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectevent. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC shall have Within 75 days after the right to request from Community Financial copies --------------------- date hereof, Buyer, with the cooperation of any Seller and at Buyer's expense, may perform, through an environmental reports with respect to consulting firm selected by Buyer, a phase one environmental investigation and an asbestos survey on all real property owned, leased or operated by Community Financial Seller or Community Bank. CHC, any of Seller Subsidiaries as of the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten (10) days after the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Seller or Community Bank as any of Seller Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or bank branch facilities where the space leased comprises less that 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the results of the phase one investigation so recommend or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10warrant additional investigation, in Buyer's sole discretion, Buyer, during such 75-day period, and within ten (10) days after learning with the cooperation of such requirementSeller, CHC may order a report perform, through an environmental consulting firm selected by a consultant acceptable to Community Financial of Buyer, at Buyer's expense, a phase two investigation on properties requiring warranting such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC Buyer shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Seller of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,00050,000, then CHC as reasonably estimated by the environmental consulting firm, or if the cost of such actions and measures cannot be so reasonably estimated by such firm to be such amount or less with any reasonable degree of certainty, Buyer shall have the right pursuant to Section 7.01(e) hereof, for a period of fifteen (15) business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. (a) CHC MFC shall have the right to request from Community Financial provide UCB copies of any environmental reports it has obtained or received with respect to real property owned, leased or operated by Community Financial MFC or Community Bankits Subsidiaries within 5 days after the date hereof. CHCUCB, within ten (10) 20 days after the date hereof, may shall order a phase one environmental report by a consultant acceptable to Community Financial of any real property owned by Community Financial MFC or Community Bank its Subsidiaries as to which CHC UCB has not been provided reports pursuant to the foregoing sentence for which CHC UCB desires a phase one environmental investigation. No such reports shall be requested with respect to any such single family non-agricultural residential property of one acre or less unless CHC UCB has reason to believe that such property might contain any such waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC UCB pursuant to this Section 6.106.11 in UCB's reasonable opinion, and within ten (10) 10 days after learning of such requirement, CHC may UCB shall order a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC UCB shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial MFC of any dissatisfaction with the contents of such report. Should the cost of taking all remedial or other corrective actions and measures (“Phase Two Notice”i) required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the anticipated aggregate, exceed the sum of $250,000 as reasonably estimated by an environmental expert retained for such purpose by UCB and reasonably acceptable to MFC, or if the cost of such actions and type measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then UCB shall have the right pursuant to Section 7.03(f) hereof, for a period of fifteen (15) business days following receipt of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement, which shall be UCB's sole remedy in such event. UCB agrees to pay the costs of any phase one investigation or environmental report requested pursuant to this section and the cost of any phase two investigation prepared or conducted at UCB's request pursuant to this section which does not recommend or suggest as being appropriate the taking of any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)actions. Should the Remediation Estimate exceed $200,000, then CHC shall have the right MFC agrees to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but pay the costs of such remediation shall not be taken into account in determining whether Community Financial has had any phase two investigation prepared or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement conducted at UCB's request pursuant to this Section 6.10 section which recommends or otherwise, CHC promptly shall deliver to Community Financial copies suggests as being appropriate the taking of any environmental report prepared by CHC remedial or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such informationcorrective action.

Environmental Reports. Prime shall disclose to Summit all matters of the types described in Section 2.22 hereof which Prime would have been required to disclose to Summit on the date hereof if known to Prime on the date hereof, as such become known to Prime between the date hereof and the Effective Time. In addition, Summit may at its expense perform, or cause to be performed, a phase one environmental investigation, an asbestos survey, or both of the foregoing, (ai) CHC shall have within 90 days following the right to request from Community Financial copies date of any environmental reports with respect to this Agreement, on all real property owned, leased or operated by Community Financial Prime or Community Bank. CHCany of its subsidiaries as of the date of this Agreement (but excluding space in retail or similar establishments leased by Prime for automatic teller machines or leased bank branch facilities where the space leased by Prime comprises less than 20% of the total space leased to all tenants of such property), and (ii) within ten (10) 15 days after being notified by Prime of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned by Community Financial it or Community Bank as its subsidiaries after the date of this Agreement, on the real property so acquired or leased (but excluding space in retail or similar establishments leased by Prime for automatic teller machines or leased bank branch facilities where the space leased by Prime comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to all tenants of such property). If the foregoing sentence for which CHC desires results of a phase one environmental investigation. No such reports shall be investigation (whether requested with respect to any such property unless CHC has reason to believe by Prime or Summit) indicate, in the reasonable opinion of Summit, that such property might contain any waste materials or otherwise might be contaminated. If required by any additional investigation is warranted, Summit may at its expense, within 15 days after receipt of the particular phase one investigation report, perform or similar environmental report provided cause to or obtained by CHC pursuant to this Section 6.10, and within ten (10) days after learning of such requirement, CHC may order a report by a consultant acceptable to Community Financial of be performed a phase two investigation on the property or properties requiring deemed by Summit to warrant such additional study. The costs study or notify Prime and an environmental consulting firm within 15 days after the receipt of any such the particular phase one and phase two investigations and reports, and all property restoration costs arising from any report that the environmental consulting firm should promptly commence a phase two investigation. If the cost of taking all remedial or other corrective actions and measures (as required by applicable law, shall be borne as recommended or suggested by CHC. (b) CHC shall have ten (10) days from the receipt of any such phase one or phase two investigation report reports (without regard to notify Community Financial (“Phase Two Notice”who requested such reports) or as may be prudent in light of serious life, health or safety concerns), if any, is in the anticipated aggregate in excess of $3,000,000, as reasonably estimated by an environmental expert retained for such purpose by Summit at its sole expense, or if the cost of such actions and type measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed $200,000certainty, then CHC Summit shall have the right pursuant to Section 9.02(d)(3) of this Agreement to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. Landmark shall provide to TrustCo, as soon as reasonably practical, but not later than forty-five (a) CHC shall have the right to request from Community Financial copies of any environmental reports with respect to real property owned, leased or operated by Community Financial or Community Bank. CHC, within ten (1045) days after the date hereof, may order a report of a phase one environmental report by a consultant acceptable to Community Financial of any investigation on the real property owned by Community Financial or Community Bank as to which CHC has not been provided reports pursuant to identified on Section 2.13.2 of the foregoing sentence for which CHC desires a phase one environmental investigation. No such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminated. If required by any phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10Disclosure Schedule, if any, and within ten (10) days after learning the acquisition or lease of any real property acquired or leased by Landmark or its subsidiaries after the date hereof (but excluding space in office or retail and similar establishments leased by Landmark or its subsidiaries for automatic teller machines or bank branch facilities or other office uses where the leased space comprises less than 20% of the total space leased to all tenants of such requirementproperty), CHC may order except as otherwise provided in Section 4.1.2.14 hereof. If required by the phase one investigation in TrustCo's reasonable opinion, Landmark shall provide to TrustCo, within sixty (60) days of the receipt by Landmark of the request of TrustCo therefor, a report by a consultant acceptable to Community Financial of a phase two investigation on properties requiring such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, shall be borne by CHC. (b) CHC TrustCo shall have ten fifteen (1015) business days from the receipt of any such phase two investigation report to notify Community Financial (“Phase Two Notice”) of the anticipated cost and type Landmark of any remedial or corrective actions which are recommended in dissatisfaction with the contents of such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)report. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of $200,000100,000 as reasonably estimated by an environmental expert retained for such purpose by TrustCo and reasonably acceptable to Landmark, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then CHC TrustCo shall have the right pursuant to Section 7.3 hereof, for a period of fifteen (15) business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate , which shall be less than $200,000, Community Financial shall undertake TrustCo's sole remedy in such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effectevent. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. NSS shall disclose to Summit all matters of the types described in Section 2.22 above which NSS would have been required to disclose to Summit on the date hereof if known to NSS on the date hereof, as such become known to NSS between the date hereof and the Effective Time. In addition, Summit may perform, or cause to be performed, a phase one environmental investigation, an asbestos survey, or both of the foregoing, (ai) CHC shall have within 90 days following the right to request from Community Financial copies date of any environmental reports with respect to this Agreement, on all real property owned, leased or operated by Community Financial NSS or Community Bank. CHCany of its subsidiaries as of the date of this Agreement (but excluding space in retail or similar establishments leased by NSS for automatic teller machines or leased bank branch facilities where the space leased by NSS comprises less than 20% of the total space leased to all tenants of such property), and (ii) within ten (10) 15 days after being notified by NSS of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned by Community Financial it or Community Bank as its subsidiaries after the date of this Agreement, on the real property so acquired or leased (but excluding space in retail or similar establishments leased by NSS for automatic teller machines or leased bank branch facilities where the space leased by NSS comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the results of the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10indicate, and in the reasonable opinion of Summit, that additional investigation is warranted, Summit may at its expense, within ten (10) 15 days after learning receipt of such requirementthe particular phase one report, CHC may order a report by a consultant acceptable perform or cause to Community Financial of be performed a phase two investigation on the property or properties requiring deemed by Summit to warrant such additional study. The costs study or notify NSS and an environmental consulting firm within 15 days after the receipt of any such the particular phase one and phase two investigations and reports, and all property restoration costs arising from any report that the environmental consulting firm should promptly commence a phase two investigation. If the cost of taking all remedial or other corrective actions and measures (as required by applicable law, shall be borne as recommended or suggested by CHC. (b) CHC shall have ten (10) days from the receipt of any such phase one or phase two investigation report reports or as may be prudent in light of serious life, health or safety concerns), if any, is in the aggregate in excess of $1,000,000, as reasonably estimated by an environmental expert retained for such purpose by Summit at its sole expense, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to notify Community Financial (“Phase Two Notice”) be such amount or less with any reasonable degree of the anticipated cost and type of any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”). Should the Remediation Estimate exceed $200,000certainty, then CHC Summit shall have the right pursuant to Section 9.02(d)(3) of this Agreement to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.

Environmental Reports. Buyers may perform, as soon as reasonably --------------------- practicable, but not later than ninety (a90) CHC shall have days after the right to request from Community Financial copies date hereof, and pay for, a phase one environmental investigation and/or asbestos survey by Environmental Operations, Inc. or any other firm designated by Buyers, or any of any environmental reports with respect to them, on all real property owned, leased or operated by Community Financial Seller or Community Bank. CHC, any of the Seller Subsidiaries as of the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank branch facilities where the space leased comprises less than 20% of the total space leased to all tenants of such property) and within ten fifteen (1015) days after being notified by Sellers of the date hereof, may order a phase one environmental report by a consultant acceptable to Community Financial acquisition or lease of any real property owned acquired or leased by Community Financial Seller or Community Bank as any of the Seller Subsidiaries after the date hereof (but excluding space in retail and similar establishments leased by Seller for automatic teller machines or leased bank facilities where the space leased comprises less than 20% of the total space leased to which CHC has not been provided reports pursuant to the foregoing sentence for which CHC desires a phase one environmental investigation. No all tenants of such reports shall be requested with respect to any such property unless CHC has reason to believe that such property might contain any waste materials or otherwise might be contaminatedproperty). If required by any the results of the phase one investigation or similar environmental report provided to or obtained by CHC pursuant to this Section 6.10indicate, and within ten (10) days after learning of such requirementin Buyers' reasonable opinion, CHC that additional investigation is warranted, Buyers may order a report by a consultant acceptable to Community Financial of perform, at Buyers' expense, a phase two subsurface investigation or investigations by Environmental Operations, Inc. on properties requiring deemed to warrant such additional study. The costs of any such phase one and phase two investigations and reports, and all property restoration costs arising from any phase two investigation, Buyers shall be borne by CHC. (b) CHC shall have ten (10) days from the receipt of perform any such phase two investigation report to notify Community Financial (“Phase Two Notice”) as soon as reasonably practicable after receipt of the anticipated cost phase one report(s) for such properties and, in any event, shall notify Seller and type Environmental Operations, Inc. within fifteen (15) days after receipt of the phase one report that Environmental Operations, Inc. should promptly commence any remedial or corrective actions which are recommended in such report as a result of possible legal liability arising from the existence of conditions identified in such report (“Remediation Estimate”)phase two investigation. Should the Remediation Estimate cost of taking all remedial or other corrective actions and measures (i) required by applicable law or (ii) recommended by Environmental Operations, Inc. in such phase one or two report or reports, in the aggregate, exceed the sum of $200,000750,000, then CHC as reasonably estimated by Environmental Operations, Inc., or if the cost of such actions or measures cannot be so reasonably estimated by Environmental Operations, Inc. to be such amounts or less with any reasonable degree of certainty, Buyers shall have the right pursuant to Section 7.01(e) hereof, for a period of fifteen (15) business days following receipt from Environmental Operations, Inc. of such estimate or indication that the cost of such actions and measures cannot be so reasonably estimated, to terminate this Agreement. Should the Remediation Estimate be less than $200,000, Community Financial shall undertake such remediation but the costs of such remediation shall not be taken into account in determining whether Community Financial has had or is reasonably likely to have a Material Adverse Effect. (c) In the event CHC terminates this Agreement pursuant to this Section 6.10 or otherwise, CHC promptly shall deliver to Community Financial copies of any environmental report prepared by CHC or any third party retained by CHC. Any results or findings contained in any environmental report will not be disclosed by CHC to any third party not affiliated with CHC, unless CHC is required by law to disclose such information.