Common use of Pollutants Clause in Contracts

Pollutants. Except as specifically identified and disclosed in the environmental reports delivered to Lender, the Premises has never been used by Borrower to generate, manufacture, refine, produce, store, handle, transfer, process or transport any Pollutants in violation of any Environmental Law and Borrower has not used in the past, nor does Borrower intend to use, or permit to be used, in the future, during construction or otherwise the Premises for the purpose of generating, manufacturing, refining, producing, storing, handling, transferring, processing or transporting of any Pollutant in violation of any Environmental Law. Except as specifically identified and disclosed in the environmental reports delivered to Lender, Borrower has no knowledge of any Pollutant having been allowed to spill, leak, escape, be discharged, dumped, emptied or otherwise disposed of or dealt with on the Premises or incorporated into the Improvements or allowed to be discharged or drained into or on any property adjacent to the Premises or into any waters on or adjacent to the Premises or onto lands from which such Pollutants might seep, flow or drain into such waters in violation of any Environmental Law. The Premises (i) is not included or proposed to be included on the National Priorities List issued pursuant to Comprehensive Conservation Environmental Response, Compensation and Liability Act ("CERCLA") by the United States Environmental Protection Agency ("EPA") or on the inventory of other potential "PROBLEM" sites issued by the EPA, (ii) has not otherwise been identified by EPA as a potential CERCLA site or included or proposed for inclusion on any list or inventory issued pursuant to any state environmental statute or issued by any other Governmental Authority, and (iii) is not located in a "WETLANDS". Borrower has not received any notice of, nor does Borrower have any knowledge of, any occurrence or circumstance which with notice or passage of time would give rise to a claim or Lien under or pursuant to any environmental rule, regulation, Requirement or statute of any Governmental Authority pertaining to any Pollutant.

Pollutants. Except as specifically identified disclosed to the Agent and disclosed each of the Banks in ---------- writing in the environmental reports delivered to Lenderdescribed in Exhibit C attached hereto, the Premises Property has never been used by Borrower nor, to the knowledge of Borrower, by any previous owners and/or operators, to generate, manufacture, refine, produce, store, handle, transfer, process treat or transport dispose of any Pollutants in violation and, to the best knowledge of any Environmental Law Borrower, no lessee and Borrower no owner has not used in the past, nor does Borrower intend and none of the aforementioned parties intends to use, or permit to be used, in the future, during construction the Property, or otherwise the Premises any portion thereof, for the purpose of generating, manufacturing, refining, producing, storing, handling, transferring, processing treating or transporting disposing of any Pollutant Pollutant, except as required in violation the normal operations of its business and not in any Environmental manner which would violate any environmental Law. Except as specifically identified and disclosed in the environmental reports delivered to Lender, Borrower has no not allowed, and to the actual knowledge of Borrower, no lessee or prior owner has allowed, any Pollutant having been allowed to spill, leak, escape, be discharged, dumped, emptied or otherwise disposed of of, incorporated into or dealt with on the Premises or incorporated into the Improvements Property or allowed to be discharged or drained into or on any property adjacent to the Premises or into any waters on or adjacent to the Premises or onto lands from which such Pollutants might seep, flow or drain into such waters in violation of any Environmental LawProperty. The Premises Property is (i) is not included or proposed to be included on the National Priorities List issued pursuant to the Comprehensive Conservation Environmental Response, Compensation and Liability Act Act, as amended ("CERCLA") ), by the United States ------ Department of Environmental Protection Agency (the "EPA") or on the inventory of --- other potential "PROBLEMproblem" sites issued by the EPA, EPA or (ii) has not to the best of Borrower's knowledge, otherwise been identified by the EPA as a potential CERCLA site or included or proposed for inclusion on any list or inventory issued pursuant to any state environmental statute or issued by any other Governmental Authority, and (iii) is not located in a "WETLANDS"Tribunal. Borrower has not received any notice of, nor does Borrower have any actual knowledge of, any occurrence or circumstance which with notice or passage of time or both would reasonably be expected to give rise to a claim or Lien under or pursuant to any environmental rule, regulation, Requirement or statute of any Governmental Authority pertaining to any Pollutantan Environmental Complaint.

Pollutants. Except as specifically identified and disclosed in the environmental reports delivered to Lender, the Premises has never been used by Borrower to generate, manufacture, refine, produce, store, handle, transfer, process or transport any Pollutants in violation of any Environmental Law and Borrower has not used in the past, nor does Borrower intend to use, or permit to be used, in the future, during construction or otherwise the Premises for the purpose of generating, manufacturing, refining, producing, storing, handling, transferring, processing or transporting of any Pollutant in violation of any Environmental Law. Except as specifically identified and disclosed in the environmental reports delivered to Lender, Borrower has no knowledge of any Pollutant having been allowed to spill, leak, escape, be discharged, dumped, emptied or otherwise disposed of or dealt with on the Premises or incorporated into the Improvements or allowed to be discharged or drained into or on any property adjacent to the Premises or into any waters on or adjacent to the Premises or onto lands from which such Pollutants might seep, flow or drain into such waters in violation of any Environmental Law. The Premises Premises (i) is not included or proposed to be included on the National Priorities List issued pursuant to Comprehensive Conservation Environmental Response, Compensation and Liability Act ("CERCLA") by the United States Environmental Protection Agency ("EPA") or on the inventory of other potential "PROBLEM" sites issued by the EPA, (ii) has not otherwise been identified by EPA as a potential CERCLA site or included or proposed for inclusion on any list or inventory issued pursuant to any state environmental statute or issued by any other Governmental Authority, and (iii) is not located in a "WETLANDS". Borrower has not received any notice of, nor does Borrower have any knowledge of, any occurrence or circumstance which with notice or passage of time would give rise to a claim or Lien under or pursuant to any environmental rule, regulation, Requirement or statute of any Governmental Authority pertaining to any Pollutant.