Polluting Substance means all pollutants, contaminants or chemicals or industrial, toxic or hazardous substances or wastes and shall include, without limitation, any flammable explosives, radioactive materials, oil, hazardous materials, hazardous or solid wastes, hazardous or toxic substances or related materials defined in CERCLA, the Superfund Amendments and Reauthorization Act of 1986, RCRA, the Hazardous and Solid Waste Amendments of 1984 and the Hazardous Materials Transportation Act, as any of the same are hereafter amended, and in the regulations adopted and publications promulgated thereto; provided in the event any of the foregoing Environmental Laws is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and, provided further, to the extent that the applicable laws of any state establish a meaning for "hazardous substance," "hazardous waste," "hazardous material," "solid waste" or "toxic substance" that is broader than that specified in any of the foregoing Environmental Laws, such broader meaning shall apply.
To the extent any such Polluting Substance is located therein or thereunder that either (i) subjects the property to Lien or (ii) requires removal to safeguard the health of any Person, the Company shall remove, or cause to be removed, such Lien and such Polluting Substance at the Company's expense.
Mortgagor hereby grants to Mortgagee a license to enter the Mortgaged Property and remove any Polluting Substance that is in material contravention of any applicable Environmental Law from the Mortgaged Property.
Such expenses shall include (without limiting the generality of the foregoing) reasonable engineers' and reasonable attorneys' fees and the costs of any environmental audits or other tests required by Mortgagee in its discretion to ascertain whether any Polluting Substance in material contravention of any applicable Environmental Law is present at or affects the Mortgaged Property.
Mortgagor agrees to permit Mortgagee, at its reasonable election after written notice to Mortgagor, at any time and from time to time, after the occurrence and during the continuance of an Event of Default or if Mortgagee has good reason to suspect the presence of a Polluting Substance on the Mortgaged Property in material contravention of any applicable Environmental Law, to cause one or more environmental site assessments of the Mortgaged Property to be undertaken.
Disposal or disposed means the discharge, deposit, injection, dumping, spilling, leaking or placing of any Polluting Substance into or on any land or water so that such Polluting Substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.