Common use of Environmental Representations and Warranties Clause in Contracts

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report of the Property and information that Borrower knows, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report an environmental site assessment of the Property and information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the written reports resulting from the environmental site assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority governmental authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations, standards, policies and other government directives or requirements, as well as common law, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act, that apply to Borrower or the Property and relate to Hazardous Materials. "Hazardous Materials" shall mean petroleum and petroleum products and compounds containing them, including gasoline, diesel fuel and oil; explosives, flammable materials; radioactive materials; polychlorinated biphenyls ("PCBs") and compounds containing them; lead and lead-based paint; asbestos or asbestos-containing materials in any form that is or could become friable; underground or above-ground storage tanks, whether empty or containing any substance; any substance the presence of which on the Property is prohibited by any federal, state or local authority; any substance that requires special handling; and any other material or

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report an environmental site assessment of the Property and information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the written reports resulting from the environmental site assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority governmental authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations, standards, policies and other government directives or requirements, as well as common law, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act, that apply to Borrower or the Property and relate to Hazardous Materials. "Hazardous Materials" shall mean petroleum and petroleum products and compounds containing them, including gasoline, diesel fuel and oil; explosives, flammable materials; radioactive materials; polychlorinated biphenyls ("PCBs") and compounds containing them; lead and lead-based paint; asbestos or asbestos-containing materials in any form that is or could become friable; underground or above-ground storage tanks, whether empty or containing any substance; any substance the presence of which on the Property is prohibited by any federal, state or local authority; any substance that requires special handling; and any other material or substance now or in the future defined as a "hazardous substance," "hazardous material," hazardous waste," toxic substance," "toxic pollutant," "contaminant," or "pollutant" within the

Environmental Representations and Warranties. Borrower represents and warrants, based upon the an Environmental Report of the Property and information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; (f) the Property is free of Mold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of or the presence of Mold at the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report an environmental site assessment of the Property and information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the written reports resulting from the environmental site assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority governmental authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.. "Environmental Law" means any present and future

Environmental Representations and Warranties. Borrower represents and warrants, based upon the upon, and except as otherwise disclosed or described in an Environmental Report of the Property (unless Borrower has actual knowledge that such information disclosed in an Environmental Report is inaccurate in any material respect) and information that Borrower knows, knows that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the Environmental Reportherein; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental ReportProperty; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance non‑compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental ReportProperty; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the PropertyProperty which would constitute a violation of any Environmental Law; (f) the Property is free of Mold; and (fg) to the extent not included in the Environmental Report prepared for Lender in connection with the Loan, Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of or the presence of Mold at the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based Based upon the Environmental Report an environmental assessment of the Property and information that Borrower knowsknows after due inquiry of the Manager, that: and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), (a) there are no Hazardous Materials Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority Substances in, on, under or from the Property except as described which has not been fully remediated in the accordance with Environmental ReportLaw; (c) there is no threat of any Release of Hazardous Materials Substances migrating to the Property except as described in the Environmental ReportProperty; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described which has not been fully remediated in the accordance with Environmental ReportLaw; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower, including but not limited to any reports a governmental entity) relating to Hazardous Materials inSubstances or Remediation (defined below) thereof, onof possible liability of any Person pursuant to any Environmental Law, under or migrating to or from the Property and/or to the other environmental condition of conditions in connection with the Property., or any actual or potential administrative or judicial proceedings in

Environmental Representations and Warranties. Borrower represents and warrants, based upon except to the extent disclosed in any Environmental Report of the any Individual Property and information that Borrower knows, thator as would not reasonably be expected to cause a MAE with respect to an Individual Property: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance in all material respects with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the Environmental Report; (b) there are no past, present or currently threatened or, to Borrower’s knowledge, past Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental ReportLaw; (c) there is is, to Borrower’s knowledge, no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Reportany Individual Property; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property except as described in to the Environmental Reportextent that any non-compliance matter has been fully resolved with the applicable Governmental Authority; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the any Individual Property; (f) each Individual Property is free of Mold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information reports, audits, investigations and assessments relating to environmental conditions in, on, under or from the each Individual Property known to contained in Borrower’s files and records or in Borrower’s control, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the each Individual Property and/or to the environmental condition of or the presence of Mold at each Individual Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon except as expressly disclosed in the Environmental Report of each Individual Property, as applicable, and to the Property and information that Borrower knowsbest of Borrower's knowledge, that: (a) there are arc no Hazardous Materials or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the such Individual Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the any Individual Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of have any actual knowledge of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the any Individual Property; and (fd) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Properties known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Borrower represents and warrantsTo the best of Indemnitor’s knowledge, based upon the Environmental Report of the Property and information that Borrower knowsafter due inquiry, that: (a) there are no Hazardous Materials Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender Indemnitee in writing pursuant to the written report(s) resulting from the environmental assessment(s) of the Property delivered to Indemnitee (such report(s) are identified in Exhibit “B” attached hereto and are referred to below collectively as the “Environmental Report”); (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority Substances in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials Substances migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property Property, except as described in the Environmental Report; (e) Borrower Indemnitor does not know of of, and has not received, any written or oral notice or other communication from any Person person or entity (including, but not limited to, a governmental entity) relating to the Release Hazardous Substances or threatened Release Remediation (defined below) thereof, of Hazardous Materials inpossible liability of any person or entity pursuant to any Environmental Law, on, under or from other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrowerany Indemnitor and that is contained in files and records of any Indemnitor including, including but not limited to to, any reports relating to Hazardous Materials Substances in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the except as disclosed in an Environmental Report of the Property and information that Borrower knows, knows that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; (f) the Property is free of Mold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of or the presence of Mold at the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based solely upon the an Environmental Report of the Property and information that Borrower knows, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report an environmental site assessment of the Property and information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender Xxxxxx in writing pursuant to the written reports resulting from the environmental site assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority governmental authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.. "Environmental Law" means any present and future

Environmental Representations and Warranties. Except as set forth in the Environmental Report, Borrower represents and warrants, based upon the Environmental Report of Report, the Property Engineering Report, any other third party, due diligence contracted for in connection herewith and information that Borrower knows, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrantswarrants to Lender that, based upon to Borrower’s and the Environmental Report of the Property and information that Borrower knows, thatOwner Parties’ knowledge: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or or, if continuing, could result in a violation of any Environmental Law, and which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental ReportProperty; (c) there is no threat of any Release of Hazardous Materials in violation of any Environmental Law or, if continuing, could result in a violation of any Environmental Law, migrating to the Property except as described in the Environmental ReportProperty; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental ReportProperty; (e) neither Borrower does not know nor any Owner Party knows of or has received any written or oral notice or other written communication from any Person (including but not limited to a Governmental Authority) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or any Owner Party or contained in Borrower’s or the Owner Parties’ files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report of the Property and information that Borrower knows, warrants that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases (defined below) Release of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority governmental authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the an Environmental Report of the each Property and information that Borrower knowsknows or should reasonably have known, and subject to all matters disclosed in the Environmental Reports delivered pursuant to the provisions of (or referenced in) Section 3.2(e) hereof that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the any Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the such Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the any Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the any Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the any Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the such Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the such Property and/or to the environmental condition of the such Property.. 109

Environmental Representations and Warranties. Borrower represents and warrantswarrants to the best of its knowledge, based upon the an Environmental Report of the Property and information that Borrower knowsknows without any further independent investigation, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; (f) the Property is free of Mold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of or the presence of Mold at the Property.

Environmental Representations and Warranties. Borrower represents and warrantsTo the best of Borrower's knowledge, based upon the Environmental Report of the Property and information that Borrower knows, that: (a) there are no Hazardous Materials Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by each Lender in writing pursuant to the Environmental Reportwritten report(s) resulting from the environmental assessment(s) of the Property delivered to each Lender; (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority Substances in, on, under or from the Property except as described disclosed to each Lender in writing and Borrower has delivered to each Lender true and correct copies of any and all environmental reports and assessments pertaining to the Environmental ReportProperty that are in Borrower's possession or reasonable control; (c) there is no threat of any Release of Hazardous Materials Substances migrating to the Property except as described in the Environmental ReportProperty; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental ReportProperty; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release person or threatened Release of Hazardous Materials in, on, under or from the Property; and entity (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower, including but not limited to any reports a governmental entity) relating to Hazardous Materials inSubstances or Remediation (defined below) thereof, onof possible liability of any person or entity pursuant to any Environmental Law, under or migrating to or from the Property and/or to the other environmental condition of conditions in connection with the Property., or any actual or

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report of the Property and information that Borrower knows, warrants that: (a) there are no Hazardous Materials or underground storage tanks in, on, in on or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases (defined below) Release of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority governmental authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrantsTo the best of Borrower's knowledge, based upon the Environmental Report of the Property and information that Borrower knows, thatafter due inquiry: (a) there are no Hazardous Materials Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the written reports resulting from the environmental assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority Substances in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials Substances migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to the Release Hazardous Substances or threatened Release Remediation (defined below) thereof, of Hazardous Materials inpossible liability of any person or entity pursuant to any Environmental Law, on, under or from other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials Substances in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the an Environmental Report of the Property and information that Borrower knows, knows that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; (f) the Property is free of Mold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of or the presence of Mold at the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report an environmental assessment of the Property and information that Borrower knows, to Borrower’s Knowledge that: (a) there are no Hazardous Materials Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with with, if required, Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and or (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved Lender by Lender Borrower in writing or pursuant to the written reports resulting from the environmental assessments of the Property delivered to Lender (the “Environmental Report”); (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority Substances in, on, under or from the Property except as described in the Environmental Report; (c) there is no likely threat of any Release of Hazardous Materials Substances migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does has not know of received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to the Release or threatened Release any unlawful accumulations of Hazardous Materials in, on, under Substances or from Remediation (defined below) thereof on the Property, or of possible liability of any person or entity pursuant to violation of any Environmental Law in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to that is within Borrower’s Knowledge and that is contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials Substances in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the an Environmental Report of the Property and information that Borrower knowsProperty, that, to Borrower’s knowledge: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the related Individual Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the any Individual Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the any Individual Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the any Individual Property; (f) each Individual Property is free of Mold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the any Individual Property and/or to the environmental condition of or the presence of Mold at any Individual Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report an environmental site assessment of the each Individual Property and information that Borrower knowsto the best of Borrower's knowledge, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the written reports resulting from the environmental site assessments of the Properties delivered to Lender (the "Environmental ReportReports"); (b) there are no past, past or present or threatened Releases of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority in, on, under or from any of the Property Properties except as described in the Environmental ReportReports; (c) there is no threat of any Release of Hazardous Materials migrating to any of the Property Properties except as described in the Environmental ReportReports; (d) there is no past or present material non-compliance noncompliance with Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property Properties except as described in the Environmental ReportReports; (e) Borrower does has not know of received any written or oral notice or other communication from any Person relating or entity (including but not limited to the Release or threatened Release a Governmental Entity) requiring remediation of Hazardous Materials in, on, under or from any of the PropertyProperties; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property Properties known to Borrower or contained in Borrower's current files and records, including but not limited to and any reports commissioned by Borrower or any Affiliate of any Borrower or Guarantor relating to Hazardous Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Borrower represents represent and warrantswarrant, based upon the an Environmental Report of the Property and information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the PropertyProperties, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property Individual Properties for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in material violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the any Individual Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the any Individual Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property Individual Properties except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the any Individual Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Individual Properties known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property Individual Properties and/or to the environmental condition of the Individual Properties. With respect to the Xxxxxx Property.:

Environmental Representations and Warranties. Borrower represents and warrants, based upon except as disclosed on those certain written reports identified on Schedule XI attached hereto and made a part hereof (collectively, the “Environmental Report Report”) of the each Individual Property and information that Borrower knows, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each tenant’s respective business at such Individual Property as set forth herein in their respective Leases, or (B) fully disclosed to and approved held by Lender in writing pursuant a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority in, on, under or from any of the Property except as described in the Environmental ReportProperties; (c) there is no threat of any Release of Hazardous Materials migrating to any of the Property except as described in the Environmental ReportProperties; (d) there is no past or present material or, to Borrower’s knowledge, prior non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property Properties except as described in the Environmental ReportReports; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Release or threatened Release of Hazardous Materials in, on, under or from any of the PropertyProperties; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property Properties known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Borrower represents and warrants, based upon except as disclosed in the Environmental Report written report resulting from the environmental site assessment of the Property delivered to and approved by Lender prior to the Closing Date (the “Environmental Report”) and information that Borrower knows, knows or should reasonably have known that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate operate, clean, repair and maintain the Property for or each tenant’s respective business at the purposes Property as set forth herein or in their respective Leases, (B) fully disclosed to and approved held by Lender in writing pursuant a tenant for sale to the Environmental Report; public in its ordinary course of business, or (C) in a manner that does not result in the contamination of the Property or in a material adverse effect on the value, use or operations of the Property, (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which that would require remediation Remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental ReportProperty; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental ReportProperty; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person (including, but not limited to, a Governmental Authority) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.. 4.1.41 Taxpayer Identification Number. Borrower’s United States taxpayer identification number is 00-0000000. 4.1.42

Environmental Representations and Warranties. Borrower represents Borrowers represent and warrantswarrant, based upon the an Environmental Report of the Property and information that Borrower knowsBorrowers know or should reasonably have known, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the PropertyProperties, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property Individual Properties for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in material violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the any Individual Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the any Individual Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property Individual Properties except as described in the Environmental Report; (e) Borrower does Borrowers do not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the any Individual Property; and (f) Borrower has Borrowers have truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Individual Properties known to BorrowerBorrowers or contained in Borrowers’ files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property Individual Properties and/or to the environmental condition of the Individual Properties. With respect to the Xxxx Rock Property and the Lyndhurst Property.:

Environmental Representations and Warranties. Borrower represents and warrants, based upon the except as disclosed in an Environmental Report of the Property and information that Borrower knows, knows that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in m violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; (f) the Property is free of Mold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of or the presence of Mold at the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the an Environmental Report of the Property and information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority governmental authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the [an Environmental Report of the Property and and] information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto to them (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority governmental authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant theretoto them, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.. [Section 12.1 may be deleted and incorporated by reference if restated in a separate environmental indemnity agreement]

Environmental Representations and Warranties. Borrower represents Borrowers represent and warrantswarrant, based upon the an Environmental Report of the Property and information that Borrower knowsBorrowers know or should reasonably have known, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the PropertyProperties, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property Individual Properties for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in material violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the any Individual Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the any Individual Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property Individual Properties except as described in the Environmental Report; (e) Borrower does Borrowers do not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the any Individual Property; and (f) Borrower has Borrowers have truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Individual Properties known to BorrowerBorrowers or contained in Borrowers’ files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property Individual Properties and/or to the environmental condition of the PropertyIndividual Properties.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the except as disclosed in an Environmental Report of the Property and information that Borrower knows, knows that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (ec) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; (f) the Property is free of Mold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of or the presence of Mold at the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the an Environmental Report of the Property and information that Borrower knowsto the best of Borrower's knowledge, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions Property in, on, under or from the Property known to Borrower, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report an environmental assessment of the Property and information that Borrower knowsknows or should reasonably have known, that: that except as disclosed to Lender in the Environmental Report (herein defined): (a) there are no Hazardous Materials Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with if required pursuant to said Environmental Laws, have permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) other than Hazardous Substances that consist of cleaning or other products commonly used in connection with the case routine maintenance and repair of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for or the purposes set forth herein ordinary use of the Property as a shopping center, or (B) otherwise fully disclosed to and approved by Lender in writing pursuant to the Environmental Reportwritten reports resulting from the environmental assessments of the Property and other documentation delivered to Lender (collectively, the "ENVIRONMENTAL REPORT"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Materials Substances in violation of any Environmental Law or and which would require remediation by a Governmental Authority Remediation (defined below) in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials Substances migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.other

Environmental Representations and Warranties. Borrower represents and warrants, based upon except as disclosed on those certain written reports identified on Schedule 4.1.39 attached hereto and made a part hereof (collectively, the "Environmental Report Reports") of the Property and information that Borrower knows, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate operate, clean, repair and maintain the Property for or each tenant's respective business at the purposes Property as set forth herein in their respective Leases, or (B) fully disclosed to and approved held by Lender in writing pursuant a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental ReportProperty; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental ReportProperty; (d) there is no past or present material or, to Borrower's knowledge, prior non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental ReportReports; (e) Borrower does and Operating Lessee do not know of of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has and Operating Lessee have truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or Operating Lessee or contained in Borrower's or Operating Lessee's files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the an Environmental Report of the Property and information that Borrower knowsknows or should reasonably have known, that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the an Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental Report; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental Report; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental Report; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Borrower represents and warrants, based upon the Environmental Report of the Property and information that Borrower knows, warrants that: (a) there are no Hazardous Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate operate, clean, repair and maintain the Property for or each tenant’s respective business at the purposes Property as set forth herein in their respective Leases, or (B) fully disclosed to and approved held by Lender in writing pursuant a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases of Hazardous Materials in violation of any Environmental Law or and which would require remediation by a Governmental Authority in, on, under or from the Property except as described in the Environmental ReportProperty; (c) there is no threat of any Release of Hazardous Materials migrating to the Property except as described in the Environmental ReportProperty; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property except as described in the Environmental ReportProperty; (e) Borrower does not know of of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Release or threatened Release of Hazardous Materials in, on, under or from the Property; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property known to Borrower or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.