Common use of Environmental Studies Clause in Contracts

Environmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility owned, leased or sued by Borrower. Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest in good faith any such law, ordinance, Exhibit 10.9 - Pg. 14 BUSINESS LOAN AGREEMENT (ASSET BASED) Loan No: 0000050483 (Continued) Page 4 _____________________________________________________________________________ or regulation and withhold compliance during any proceeding, including appropriate Inspection. Permit employees or agents of Lender at any reasonable time to inspect any and all Collateral for the Loan or Loans and Borrower's other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books, accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records, and computer software programs for the generation of such records) in the possession of a third party, Borrower upon request of Lender, shall notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may request, all at Borrower's expense.

Environmental Studies. Promptly conduct and complete(a) Purchaser, shall, at BorrowerPurchaser's cost and expense, undertake a Phase I environmental site assessment ("ESA") with respect to each parcel of the Real Property utilizing a recognized engineering firm designated by Purchaser. Should any of such ESAs indicate that a Phase II environmental site assessment or other further studies and/or tests are warranted with respect to any of the Real Property, Purchaser, at Purchaser's expense, may undertake such studies and tests. (b) Within five (5) days after the date hereof, Seller shall provide to Purchaser, at Seller's sole cost and expense, copies of (a) all such investigationsexisting ESAs (whether Phase I, Phase II or otherwise) covering all or any portion of the Real Property, to the extent the same are in Seller's possession or Seller has access to them, and (b) any other environmental studies, samplings reports and testings as may be requested by Lender or any governmental authority relative to any substanceinformation, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federalincluding, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility owned, leased or sued by Borrower. Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the Collateral, including without limitation, correspondence from Governmental Authorities, concerning the Americans With Disabilities Act. Borrower may contest environmental condition of the Real Property, to the extent the same are in good faith Seller's possession or Seller has access to them (all of the foregoing information, whether obtained by Purchaser or provided by Seller, being hereinafter referred to as "Environmental Information"). (c) Without in any such lawway limiting the provisions of the preceding sentence, ordinancePurchaser and its contractors and representatives, Exhibit 10.9 - Pg. 14 BUSINESS LOAN AGREEMENT at Purchaser's expense, shall have at least 30 days from the date hereof, but in no event less than 21 days from receipt of the Environmental Information (ASSET BASEDthe "Feasibility Period") Loan No: 0000050483 (Continued) Page 4 _____________________________________________________________________________ or regulation and withhold compliance during any proceeding, including appropriate Inspection. Permit employees or agents of Lender at any reasonable time within which to inspect conduct any and all Collateral engineering, environmental and economic feasibility studies and tests of the Real Property which Purchaser, in Purchaser's sole discretion, deems necessary to determine whether the Real Property is environmentally, physically and economically suitable for Purchaser's intended use. Seller has granted and hereby grants to Purchaser and its contractors and representatives access to the Real Property for the Loan purpose of performing such studies or Loans tests after reasonable notice to Seller and BorrowerSeller's other properties consent, which will not be unreasonably withheld. Such persons shall conduct their studies and tests in such a manner as to examine or audit Borrowerminimize interference with Seller's booksbusiness (and in compliance with any applicable lease provisions, accountsfor all parcels of Real Property which are leased) and, and records and to make copies and memoranda upon completion of Borrower's books, accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records, and computer software programs for their activities on the generation of such records) in the possession of a third party, Borrower upon request of LenderReal Property, shall notify such party restore the Real Property as nearly as is reasonably possible to permit Lender free access the condition it was in immediately prior to such records at all reasonable times and to provide Lender with copies of any records it may request, all at Borrower's expenseactivities.

Environmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility owned, leased or sued used by Borrower. Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest in good faith any such law, ordinance, Exhibit 10.9 - Pg. 14 BUSINESS LOAN AGREEMENT (ASSET BASED) Loan No: 0000050483 (Continued) Page 4 _____________________________________________________________________________ or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Lender in writing prior to doing so and so long as in Lender's sole opinion, Lender's interests in the Collateral are not jeopardized Lender may require Borrower to post adequate security or a surety bond reasonably satisfactory to Lender, to protect Lender's interest Inspection. Permit employees or agents of Lender at any reasonable time to inspect any and all Collateral for the Loan or Loans and Borrower's other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books, accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records, records and computer software programs for the generation of such records) in the possession of a third party, Borrower Borrower, upon request of Lender, shall notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may request, all at Borrower's expense.

Environmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or any facility owned, leased or sued used by Borrower. Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest in good faith any such law, ordinance, Exhibit 10.9 - Pg. 14 BUSINESS LOAN AGREEMENT (ASSET BASED) Loan No: 0000050483 (Continued) Page 4 _____________________________________________________________________________ or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Collateral are not jeopardized. Lender may require Borrower to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. BUSINESS LOAN AGREEMENT (Continued) Page 5 ================================================================================ Inspection. Permit employees or agents of Lender at any reasonable time to inspect any and all Collateral for the Loan or Loans and Borrower's other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books, accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records, records and computer software programs for the generation of such records) in the possession of a third party, Borrower Borrower, upon request of Lender, shall notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may request, all at Borrower's expense.

Environmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or affecting any property or on any facility owned, leased or sued used by Borrower. Compliance with Governmental RequirementsCOMPLIANCE WITH GOVERNMENTAL REQUIREMENTS. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the Collateral, including without limitation, the Americans With Disabilities Act. Borrower may contest in good faith any such law, ordinance, Exhibit 10.9 - Pg. 14 BUSINESS LOAN AGREEMENT (ASSET BASED) Loan No: 0000050483 (Continued) Page 4 _____________________________________________________________________________ or regulation and withhold compliance during any proceeding, including appropriate Inspectionappeals, so long as Borrower has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Collateral are not jeopardized. Lender may require Borrower to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. 4 BUSINESS LOAN AGREEMENT (CONTINUED) ================================================================================ INSPECTION. Permit employees or agents of Lender at any reasonable time to inspect any and all Collateral for the Loan or Loans and Borrower's other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books, accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records, records and computer software programs for the generation of such records) in the possession of a third party, Borrower Borrower, upon request of Lender, shall notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may request, all at Borrower's expense.