Common use of Environmental Remediation Clause in Contracts

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged Property or any portion thereof (collectively, the “Remedial Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s failure to prevail in such contest in such amount as may be reasonably requested by the Lender.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, abatement, restoration remedial work or other remedial work response action of any kind or nature is required pursuant to an order order, directive, decree or directive settlement agreement of or with any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property Facility or any portion thereof or (collectively, the “Remedial Work”)y) violation of or compliance with applicable Environmental Laws, Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law Law, or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property no Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform performs the Remedial Work being contested, and if Borrower fails to prevail in contest, Borrower would thereafter have the opportunity to do so, in the event of Borrower’s failure to prevail in the contestperform such Remedial Work, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property no Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by Lender but in no event less than one hundred twenty-five percent (125%) of the Lendercost of such Remedial Work and any loss or damage that may result from Borrower's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged the Property or any portion thereof (collectively, the “Remedial Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to LenderAgent, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender Agent additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s failure to prevail in such contest in such amount as may be reasonably requested by the LenderAgent.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any the Mortgaged Property or any portion thereof (collectively, the “Remedial Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all the National Contingency Plan promulgated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., if applicable, and in accordance with other applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to LenderAgent, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender Agent additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s failure to prevail in such contest in such amount as may be reasonably requested by the LenderAgent.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, abatement, restoration remedial work or other remedial work response action of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or -------------- future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property the Facility or any portion thereof or (collectivelyy) violation of or compliance with applicable Environmental Laws, the “Remedial Work”), Borrower Operator shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower Operator shall not be -------- ------- ---- required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower Operator or such Remedial Work violating any Environmental Law or (z) if BorrowerOperator, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower Operator is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform Operator performs the Remedial Work being contested, and Borrower Operator would have the opportunity to do so, in the event of Borrower’s Operator's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower Operator has not furnished additional security as provided in clause (4) ---------- below, or to any risk of criminal liability, and neither the Mortgaged Property Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower Operator has not furnished additional security as provided in clause ------ (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower --- Operator shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s Operator's failure to prevail in such contest in such amount as may be reasonably requested by Lender but in no event less than 125% of the Lendercost of such Remedial Work and any loss or damage that may result from Operator's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required Airline shall undertake with all due diligence all necessary steps to undertake remedy and remove at its cost any investigationHazardous Material, site monitoringor environmental condition or damage to the extent caused by, cleanup, removal, restoration or other remedial work of any kind or nature pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged Property or any portion thereof (collectivelyresulting from, the activities, conduct or presence of Airline or its agents, employees, contractors, or suppliers at the Airport, whether resulting from negligent conduct or otherwise (“Remedial Remediation Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Such Remediation Work shall be commenced within consistent with remediation standards established by or derived from the appropriate government agency responsible for enforcing Environmental Laws or Environmental Permits. Except in the event of an emergency, such period Remediation Work shall be performed after Airline submits to the City a written plan for completing such Remediation Work and receives the prior approval of time as required under any applicable Environmental Lawthe City through Notice; provided, however, that Borrower the City’s approval shall not be required unreasonably withheld or delayed. The City expressly reserves the right to commence such Remedial Work within the above specified time periodsreview and approve any proposed: (x) if prevented from doing so by any Governmental Authorityremedial investigations, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrowerremedial work plans, at its expense interim and after prior notice to Lenderfinal remedies, is contesting by appropriate legalinstitutional controls, administrative including environmental covenants, or other proceedings conducted in good faith associated documents prior to submittal to the relevant governmental agencies responsible for enforcing Environmental Laws or Environmental Permits and with due diligence prior to recording any instrument or the need land title. Specific cleanup levels for any Remediation Work by Airline shall be designed to perform Remedial Work, as long as (1) Borrower is permitted by meet and satisfy the requirements of all applicable Environmental Laws to delay performance and Environmental Permits and be consistent with the commercial use of the Remedial Work pending such proceedingsAirport, (2) neither as determined by the Mortgaged Property governmental agency responsible for enforcing Environmental Laws or Environmental Permits or for establishing cleanup levels. Neither an ongoing remediation, including any testing or monitoring, nor any part thereof the use of institutional controls, shall either unreasonably or interest therein materially impair or interfere with the City’s use and enjoyment of its property or the Airport, or that of current and future Airport users or tenants. Upon reasonable notice, the City shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity right to do so, in the event conduct a reasonable review and inspect all such Remediation Work at any time using consultants and representatives of Borrowerits choice at City’s failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has sole expense. Such inspection shall not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrowerunreasonably interfere with Airline’s failure to prevail in such contest in such amount as may be reasonably requested by the Lenderoperations.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged an Individual Property or any portion thereof (collectively, the “Remedial Work”)thereof, Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within 30 days after any demand therefor by Lender or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Individual Property nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform performs the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has 72 not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Individual Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by the Lender.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, abatement, restoration remedial work or other remedial work response action of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property the Facility or any portion thereof or (collectively, the “Remedial Work”)y) violation of or compliance with applicable Environmental Laws, Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Borrower's Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform performs the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by Lender but in no event less than 125% of the Lendercost of such Remedial Work and any loss or damage that may result from Borrower's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration abatement, restoration, remedial work or other remedial work response action of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or future presence, suspected presence, Release or suspected Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property a Facility or any portion thereof thereof, or (collectively, the “Remedial Work”)y) violation of or compliance with applicable Environmental Laws, Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Borrower's Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform performs the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property such Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by Lender, but in no event less than 125% of the Lendercost of such Remedial Work and any loss or damage that may result from Borrower's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged the applicable REO Property or any portion thereof (collectively, the “"Remedial Work”"), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all the National Contingency Plan promulgated under the Comprehensive Environmental Response, Compensation and Liability Act, if applicable, and in accordance with other applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to LenderAgent, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged such REO Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be unreasonably exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged such REO Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender Agent additional reasonable security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by the LenderAgent.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, abatement, restoration remedial work or other remedial work response action of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property the Facility or any portion thereof or (collectivelyy) violation of or compliance with applicable Environmental Laws, the “Remedial Work”), Borrower Operator shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower Operator shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower Operator or such Remedial Work violating any Environmental Law or (z) if BorrowerOperator, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower Operator is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform Operator performs the Remedial Work being contested, and Borrower Operator would have the opportunity to do so, in the event of Borrower’s Operator's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower Operator has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower Operator has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower Operator shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s Operator's failure to prevail in such contest in such amount as may be reasonably requested by Lender but in no event less than 125% of the Lendercost of such Remedial Work and any loss or damage that may result from Operator's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, abatement, restoration remedial work or other remedial work response action of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property the Facility or any portion thereof or (collectively, the “Remedial Work”)y) violation of or compliance with applicable Environmental Laws, Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property no Facility nor any part thereof or interest therein shall would be sold, forfeited or lost if Borrower does not perform performs the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property no Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in an amount equal to 125% of the cost of such amount as Remedial Work and any loss or damage that may be reasonably requested by the Lenderresult from Borrower's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged an REO Property or Additional Mortgageable Collateral or any portion thereof (collectivelyin the case of Additional Mortgageable Collateral only, in violation of applicable Environmental Law), the “Remedial Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all the National Contingency Plan promulgated under the Comprehensive Environmental Response, Compensation and Liability Act, if applicable, and in accordance with other applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within 90 days after any demand therefor by the Lender or such shorter period of time as may be required under any applicable Environmental Law; provided, ,however, that the Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in the Borrower or such Remedial Work violating any Environmental Law or (z) if the Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) the Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged REO Property or Additional Mortgageable Collateral, as applicable, nor any part thereof or interest therein shall will be sold, forfeited or lost if the Borrower does not perform performs the Remedial Work being contested, and the Borrower would have the opportunity to do so, in the event of the Borrower’s 's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which the Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged REO Property or Additional Mortgageable Collateral, as applicable, nor any interest therein would be subject to the imposition of any lien for which the Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) the Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from the Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by the Lender.

Environmental Remediation. Prior to the Closing Date, the Property has been inspected by an environmental consultant acceptable to Xxxxxx and for the benefit of Xxxxxx. Lender makes no representation or warranty as to the accuracy or completeness of the inspection. Attached hereto as Exhibit 5.22 is a list of environmental items (ithe “Environmental Remediation Work”) If identified in the environmental report(s) for the Property prepared by the environmental consultant as possibly requiring remediation. Borrower is required shall, at its sole risk and under its name, cause the Environmental Remediation Work to undertake be completed in accordance with any investigationrecommendations set forth in Exhibit 5.22 attached hereto, site monitoringand in any event, cleanup, removal, restoration or other remedial work of any kind or nature pursuant so as to an order or directive of any Governmental Authority or under any cause the Property to comply in all material respects with all applicable Environmental Law, because Laws and to have the full use and benefit of the Property as contemplated by the Loan Documents. Borrower shall cause the Environmental Remediation Work to be completed within the time frame set forth in Exhibit 5.22 attached hereto (or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged Property or any portion thereof (collectively, the “Remedial Work”)if not set forth therein, Borrower shall promptly commence perform the Environmental Remediation Work diligently and diligently prosecute to completion all such Remedial Workcontinuously, and shall conduct such Remedial Work complete same within the time frame required by Applicable Laws), in a good and workmanlike manner, in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property Laws and in a manner or at a level that is otherwise reasonably likely satisfactory to materially adversely affect Lender. On the value or utility of such Mortgaged Property or that poses a significant health riskClosing Date, the Borrower shall promptly commence and diligently prosecute deposit into the Environmental Remediation Reserve Account [_________] Dollars ($[_______]), to completion the remediation of such condition be held for application to the reasonable Environmental Remediation Work as provided herein (or during the continuance of an Event of Default, as Lender may elect in its sole discretion). So long as no Default or Event of Default shall have occurred and be continuing, Lender shall, to the extent funds are available for such purpose in the Environmental Remediation Reserve Account, disburse to Borrower the amount paid or incurred by Borrower in performing the Environmental Remediation Work as required above upon satisfaction of the applicable requirements set forth in Section [5.24]. Borrower hereby grants to Lender an irrevocable power-of-attorney, coupled with an interest, to perform upon the occurrence and during the continuance of an Event of Default any of the Environmental Remediation Work as required above and to apply the amounts on deposit in the Environmental Remediation Reserve Account to the costs associated therewith, all as Lender may determine in its sole discretion but without obligation to do so. Upon the completion of all Environmental Remediation Work as required above and provided Borrower shall have delivered to Lender reasonable evidence of such completion together with reasonable evidence that all costs thereof have been paid and “no-further action” letters or other written confirmations from the applicable Governmental Authorities confirming that no further remediation or other action is required on account of the environmental items with respect to which the Environmental Remediation Work was required and no Default or Event of Default shall have occurred and be continuing, the balance remaining in the Environmental Remediation Reserve Account shall [either] be [(i) if no Cash Flow Sweep Event is then in effect, disbursed to Borrower in accordance with its written instructions delivered to Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (xii) if prevented from doing so by any Governmental Authoritya Cash Flow Sweep Event is then in effect, deposited into the Master Disbursement Sweep Account.36 Within fifteen (y15) if commencing such Remedial Work within such time periods would result in days after completion of each item of Environmental Remediation Work, Borrower or such Remedial Work violating any Environmental Law or (z) if Borrowershall, at its expense expense, obtain and deliver to Lender an Environmental Assessment of the Property made after prior notice such completion and confirming to Lender, is contesting by appropriate legal, administrative or other proceedings conducted ’s satisfaction that such item has been successfully completed in good faith and accordance with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s failure to prevail in such contest in such amount as may be reasonably requested by the Lenderthis Agreement.]

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged Property or any portion thereof (collectively, the “Remedial Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental LawsLaws that impose legally binding obligations governing such Remedial Work, including without limitation the National Contingency Plan promulgated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”), if applicable. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant adverse health riskrisk to an average person, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition so as to eliminate the reasonable likelihood of a material adverse effect or a significant adverse health risk to an average person to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (xA) if prevented from doing so by any Governmental Authority, ; (yB) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any applicable Environmental Law Law; or (zC) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, the scope of any Remedial Work, or any other legally contestable aspect of any Remedial Work, as long as as: (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, ; (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost during such delay if Borrower does not perform the Remedial Work being contested, ; and Borrower would have the opportunity to do so, in the event of Borrower’s failure to prevail in the contest, ; (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work Work; and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s failure to prevail in such contest in such amount as may be reasonably requested by the Lender.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, abatement, restoration remedial work or other remedial work response action of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or -------------- future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property the Facility or any portion thereof or (collectivelyy) violation of or compliance with applicable Environmental Laws, the “Remedial Work”), Borrower Operator shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition Subject to the reasonable satisfaction provisions of Exhibit C- --------- 2 of the Lender or its servicerFirst Mortgage Loan Agreement, which shall also constitute Remedial Work. In in all events, such Remedial Work - shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower Operator shall not be -------- ------- ---- required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower Operator or such Remedial Work violating any Environmental Law or (z) if BorrowerOperator, at its expense and after prior notice to Mezzanine Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower Operator is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform Operator performs the Remedial Work being contested, and Borrower Operator would have the opportunity to do so, in the event of Borrower’s Operator's failure to prevail in the contest, (3) the Lenders Mezzanine Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower Operator has not furnished additional security as provided in clause (4) below, or to any risk of criminal ---------- liability, and neither the Mortgaged Property Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower Operator has not furnished additional security as provided in clause (4) below, as a result of the ---------- failure to perform such Remedial Work and (4) Borrower Operator shall have furnished to the Mezzanine Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s Operator's failure to prevail in such contest in such amount as may be reasonably requested by Mezzanine Lender but in no event less than 125% of the Lendercost of such Remedial Work and any loss or damage that may result from Operator's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required of a Borrower pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any the Mortgaged Property or any portion thereof (collectively, the “"Remedial Work”"), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within forty-five (45) days after any demand therefor by Agent or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to LenderAgent, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender Lenders additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by the LenderAgent.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, containment, cleanup, removal, restoration or other remedial work of any kind or nature (collectively, the "Remedial Work") is required on the Mortgaged Property ------------- pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, or in Lender's opinion, based upon recommendations of a qualified environmental engineer reasonably acceptable to Lender, after notice to Borrower, is reasonably necessary to prevent future liability under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release release, or suspected Release release of a Hazardous Substance into the air, soil, ground water, surface water, or soil vapor on, under or from any the Mortgaged Property or any portion thereof (collectively, the “Remedial Work”)thereof, Borrower shall (at Borrower's sole cost and expense), or shall cause such responsible third parties to promptly commence and diligently prosecute to completion (or cause to be commenced and diligently prosecuted to completion) all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within thirty (30) days after any demand therefor by Lender or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: periods if prevented from doing so by any Governmental Authority, or if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law. All such Remedial Work shall be commenced within thirty (30) days after any demand therefor by Lender or such shorter period as may be required under any applicable Environmental Law; however, Borrower shall not be required to commence such Remedial Work within the above-specified time periods if (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, Borrower is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence by appropriate proceedings the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance applicability of the Remedial Work pending relevant Environmental Laws; provided that such proceedings, contest shall not (2i) neither create or materially increase the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil or criminal liability for which Borrower has not furnished additional security as provided in clause of any kind whatsoever on the part of Lender or (4ii) belowpermit or materially increase the risk of the spread, release or suspected release of any Hazardous Substance into the air, soil, ground water, surface water, or to soil vapor on, under or emanating from the Property or any risk portion thereof during the pendency of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s failure to prevail in such contest in such amount as may be reasonably requested by the Lendercontest.

Environmental Remediation. (a) Borrower shall (i) If perform or cause the performance of the environmental investigation and/or Remediation (as defined in the Environmental Indemnity) work at the Properties as set forth on Schedule VI hereto in the manner and in accordance with the time frames (if any) set forth on Schedule VI hereto and (ii) complete or cause the completion of any further investigation and/or Remediation work determined to be legally required and/or necessary and appropriate by an environmental consultant or engineer reasonably satisfactory to Lender based on the investigation and remediation activities set forth on Schedule VI; provided all work performed pursuant to each of the preceding clauses (i) and (ii), shall be performed in compliance with all Environmental Laws (as defined in the Environmental Indemnity) and other applicable Legal Requirements and to the extent necessary and appropriate in order for the Borrower to obtain or otherwise produce written documentation of regulatory closure from an applicable Governmental Authority with jurisdiction over such investigation and remediation in form and substance reasonably satisfactory to Lender, documenting the completion of such investigation and/or remediation such that no further action under any applicable Legal Requirements is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature pursuant protect human health and safety with respect to an the identified environmental conditions in order or directive of any Governmental Authority or under any to comply with applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged Property or any portion thereof Laws (collectively, the “Remedial Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event that it is not the custom or practice of Borrower’s failure the Governmental Authority to prevail oversee such work or to issue such letter or documentation under such circumstances, such requirement shall be deemed satisfied by delivery of documentation in the contest, (3) the Lenders would not, by virtue form and substance reasonably satisfactory to Lender from an environmental consultant or engineer reasonably acceptable to Lender evidencing completion of such permitted contest, be exposed work and concluding that no further action is required to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, protect human health and neither the Mortgaged Property nor any interest therein would be subject safety with respect to the imposition of any lien for which identified environmental conditions in compliance with Environmental Laws and consistent with applicable regulatory requirements) (all such environmental investigation and/or Remediation work are hereinafter referred to as the “Environmental Remediation”). Borrower has not furnished additional security as provided in clause (4) below, as a result shall complete each of the failure to perform such Remedial Work Environmental Remediation on or before the respective deadline, if any, for each item of environmental investigation and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s failure to prevail in such contest in such amount Remediation work as may be reasonably requested by the Lenderset forth on Schedule VI hereto.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, abatement, restoration remedial work or other remedial work response action of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property the Facility or any portion thereof or (collectively, the “Remedial Work”)y) violation of or compliance with applicable Environmental Laws, Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and 57 62 after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Borrower's Facility nor any part thereof or interest therein shall win be sold, forfeited or lost if Borrower does not perform performs the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in an amount equal to 125 percent of the cost of such amount as Remedial Work and any loss or damage that may be reasonably requested by the Lenderresult from Borrower's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any the Mortgaged Property or any portion thereof (collectively, the “Remedial Work”"REMEDIAL WORK"), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all the National Contingency Plan promulgated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.ss.9601 et seq., if applicable, and in accordance with other applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; providedPROVIDED, howeverHOWEVER, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to LenderAgent, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause CLAUSE (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause CLAUSE (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender Agent additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by the LenderAgent.

Environmental Remediation. (i) Lessee shall proactively monitor its operations on the leased premises to ensure compliance with all applicable environmental laws, regulations, and standards. If Borrower Xxxxxx's operations cause any pollution or contamination of the Leased Premises, Lessee shall immediately take all necessary actions to mitigate, remediate, and restore the affected area to its pre-contamination state and will provide copies of regulatory submittals, responses and deliverables to each regulatory entity which is required to undertake any investigation, site monitoring, cleanup, removal, restoration charged with regulatory oversite and closure of the pollution or other remedial work contamination. If Lessor becomes aware of any kind pollution or nature pursuant contamination caused by Xxxxxx’s operations on the Leased Premises, Lessor may require Lessee to an order or directive submit a corrective action work plan for approval. The corrective action work plan shall include a detailed description of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged Property or any portion thereof (collectivelycorrective actions to be taken, the “Remedial Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Worktime frame for completion, and any other information that Lessor deems necessary. Lessee shall conduct such Remedial Work diligently and expeditiously complete the corrective actions identified in the approved corrective action work plan. Lessee shall be responsible for all costs associated with implementing the remediation plan, including but not limited to, the costs of consultants, contractors, and materials. Lessee shall perform the remediation work in accordance with all applicable Environmental Laws. If any fungusenvironmental laws, moldregulations, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect and standards as required by Lessor, and shall provide Lessor with written updates on the value or utility progress of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Workwork on a regular basis. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower Lessee shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk relieved of any civil liability for which Borrower has not furnished additional security as provided in clause (4) belowobligations or liabilities under this Lease or any applicable law, rule, or to any risk of criminal liability, regulation (including the Directives and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4Field Manual) below, as a result of the failure to perform such Remedial Work submission and (4) Borrower shall have furnished to the Lender additional security in respect approval of the Remedial Work being contested a remediation plan or corrective action work plan, and the loss approval of a remediation plan or damage that may result from Borrower’s failure corrective action work plan by Lessor shall not constitute a waiver of any rights or remedies available to prevail in such contest in such amount as may be reasonably requested by Lessor under this Lease or any applicable law, rule, or regulation (including the LenderDirectives and the Field Manual).

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any the Mortgaged Property or any portion thereof (collectively, the “Remedial Work”), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental LawsLaws that impose legally binding obligations governing such Remedial Work, including without limitation the National Contingency Plan promulgated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”), if applicable. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law. If any fungus, mold, mildew or other biological agent is present at any the Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such the Mortgaged Property or that poses a significant adverse health riskrisk to an average person, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition so as to eliminate the reasonable likelihood of a material adverse effect or a significant adverse health risk to an average person to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any applicable Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, the scope of any Remedial Work, or any other legally contestable aspect of any Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost during such delay if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s failure to prevail in such contest in such amount as may be reasonably requested by the Lender.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged Property a Facility or any portion thereof (collectivelythereof, the “Remedial Work”), Borrower Borrowers shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within 30 days after any demand therefor by the Lender or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower the Borrowers shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in any Borrower or such Remedial Work violating any Environmental Law or (z) if Borrowerthe Borrowers, at its their expense and after prior notice to the Lender, is are contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is the Borrowers are permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not the Borrowers perform the Remedial Work being contested, and Borrower the Borrowers would have the opportunity to do so, in the event of Borrower’s the Borrowers' failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has the Borrowers have not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property Facility nor any interest therein would be subject to the imposition of any lien for which Borrower has the Borrowers have not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower the Borrowers shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s the Borrowers' failure to prevail in such contest in such amount as may be reasonably requested by the Lender.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, delineation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or or, except to the extent set forth in the last sentence of this clause (i), under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current or future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance on, under or from any Mortgaged relating to an Individual Property or any portion thereof (collectively, the “Remedial Work”)thereof, Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within 30 days after any demand therefor by Lender or such shorter period of time as may be required under any applicable Environmental LawLaw or by any Governmental Authority; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Individual Property nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform performs the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any material risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Individual Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by Lender. Notwithstanding the Lenderforegoing, with respect only to those certain issues disclosed in the Environmental Reports received by Lender on or before the date of this Agreement for the Individual Properties located in Fair Lawn, New Jersey, which issues relate to the nearby property on the E.P.A.'s National Priority List, Borrower's obligation to perform Remedial Work under this clause (i) shall arise only if any such Remedial Work is required to be performed or paid for by Borrower pursuant to an order or directive of any Governmental Authority, and only to the extent and within the time periods set forth in such order or directive or subsequent orders or directives, provided, however, that Borrower shall at all times provide Lender with any notices or information relating to such Individual Properties as required hereunder, whether from or prepared by a Governmental Authority or other Person.

Environmental Remediation. (iii) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any the Mortgaged Property or any portion thereof (collectively, the “"Remedial Work”"), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all the National Contingency Plan promulgated under the Comprehensive Environmental Response, Compensation and Liability Act, if applicable, and in accordance with other applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law or (z) if Borrower, at its expense and after prior notice to LenderAgent, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender Agent additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by the LenderAgent.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, abatement, restoration remedial work or other remedial work response action of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or ------------- future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property the Facility or any portion thereof or (collectivelyy) violation of or compliance with applicable Environmental Laws, the “Remedial Work”), Borrower Operator shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition Subject to the reasonable satisfaction provisions of the Lender or its servicerExhibit C- --------- 2, which shall also constitute Remedial Work. In in all events, such Remedial Work shall be commenced within the time - period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, -------- however, that Borrower Operator shall not be required to commence such Remedial Work ------- ---- within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower Operator or such Remedial Work violating any Environmental Law or (z) if BorrowerOperator, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower Operator is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform Operator performs the Remedial Work being contested, and Borrower Operator would have the opportunity to do so, in the event of Borrower’s Operator's failure to prevail in the contest, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower Operator has not furnished additional security as provided in clause (4) below, or to any risk of criminal ---------- liability, and neither the Mortgaged Property Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower Operator has not furnished additional security as provided in clause (4) below, as a result of the ---------- failure to perform such Remedial Work and (4) Borrower Operator shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s Operator's failure to prevail in such contest in such amount as may be reasonably requested by Lender but in no event less than 125% of the Lendercost of such Remedial Work and any loss or damage that may result from Operator's failure to prevail in such contest.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration or other remedial work of any kind or nature is required pursuant to an order or directive of any Governmental Authority or under any applicable Environmental Law, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance on, under or from any Mortgaged Property or any portion thereof (collectively, the “"Remedial Work”"), Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct such Remedial Work in accordance with all applicable Environmental LawsLaws that impose legally binding obligations governing such Remedial Work, including without limitation the National Contingency Plan promulgated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERCLA"), if 77 applicable. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant adverse health riskrisk to an average person, the Borrower shall promptly commence and diligently prosecute to completion the remediation of such condition so as to eliminate the reasonable likelihood of a material adverse effect or a significant adverse health risk to an average person to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Work. In all events, such Remedial Work shall be commenced within such period of time as required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any applicable Environmental Law or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence the need to perform Remedial Work, the scope of any Remedial Work, or any other legally contestable aspect of any Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property nor any part thereof or interest therein shall be sold, forfeited or lost during such delay if Borrower does not perform the Remedial Work being contested, and Borrower would have the opportunity to do so, in the event of Borrower’s 's failure to prevail in the contest, (3) the Lenders would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property nor any interest therein would be subject to the imposition of any lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by the Lender.

Environmental Remediation. (i) If Borrower is required to undertake any investigation, site monitoring, cleanup, removal, restoration abatement, restoration, remedial work or other remedial work response action of any kind or nature is required pursuant to an order order, directive, decree or directive settlement agreement of or with any Governmental Authority or under any applicable Environmental LawLaw (collectively, the "Remedial Work"), because of or in connection with the current (x) past, present or future presence, suspected presence, Release or suspected threatened Release of a Hazardous Substance at, on, in, under or from any Mortgaged Property the Facility or any portion thereof or (collectively, the “Remedial Work”)y) violation of or compliance with applicable Environmental Laws, Borrower shall promptly commence and diligently prosecute to completion all such Remedial Work, and shall conduct Work or cause such Remedial Work in accordance with all applicable Environmental Laws. If any fungus, mold, mildew or other biological agent is present at any Mortgaged Property in a manner or at a level that is reasonably likely to materially adversely affect the value or utility of such Mortgaged Property or that poses a significant health risk, the Borrower shall promptly commence and diligently prosecute be prosecuted to completion the remediation of such condition to the reasonable satisfaction of the Lender or its servicer, which shall also constitute Remedial Workcompletion. In all events, such Remedial Work shall be commenced within the time period ordered or directed by such Governmental Authority or such shorter period of time as may be required under any applicable Environmental Law; provided, however, that Borrower shall not be required to commence such Remedial Work within the above specified time periods: (x) if prevented from doing so by any Governmental Authority, (y) if commencing such Remedial Work within such time periods would result in Borrower or such Remedial Work violating any Environmental Law Law, or (z) if Borrower, at its expense and after prior notice to Lender, is contesting by appropriate legal, administrative or other proceedings proceedings, conducted in good faith and with due diligence diligence, the need to perform Remedial Work, as long as (1) Borrower is permitted by the applicable Environmental Laws to delay performance of the Remedial Work pending such proceedings, (2) neither the Mortgaged Property Borrower's Facility nor any part thereof or interest therein shall will be sold, forfeited or lost if Borrower does not perform performs the Remedial Work being contested, and if Borrower fails to prevail in contest, Borrower would thereafter have the opportunity to do so, in the event of Borrower’s failure to prevail in the contestperform such Remedial Work, (3) the Lenders Lender would not, by virtue of such permitted contest, be exposed to any risk of any civil liability for which Borrower has not furnished additional security as provided in clause (4) below, or to any risk of criminal liability, and neither the Mortgaged Property Facility nor any interest therein would be subject to the imposition of any lien Lien for which Borrower has not furnished additional security as provided in clause (4) below, as a result of the failure to perform such Remedial Work and (4) Borrower shall have furnished to the Lender additional security in respect of the Remedial Work being contested and the loss or damage that may result from Borrower’s 's failure to prevail in such contest in such amount as may be reasonably requested by Lender but in no event 85 80 less than one hundred twenty-five percent (125%) of the Lendercost of such Remedial Work and any loss or damage that may result from Borrower's failure to prevail in such contest.