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products and any other chemical or substance determined to be a hazard to human health <br /> or the environment. <br /> (m) Indemnity. Deliver to Title any indemnity agreement in favor of Title in <br /> the form required by Title in order for Title to issue the title insurance policies referred to <br /> above. <br /> (n) Lease. Deliver to Lender a copy of the lease agreement for the use of the <br /> Loan Property, executed no later than the date of this Agreement, by and between <br /> Borrower, as landlord, and Entity Guarantor, as tenant(the"Lease"). <br /> (o) Program Fee. Deliver to Lender the program fee of$ ; the Lender <br /> acknowledges that the Borrower has previously paid the Lender's program fee. <br /> Lender may waive any of the above requirements in its sole discretion. <br /> 6. Disbursement of Loan. Upon receipt by Lender of all of the items required <br /> pursuant to Section 4 above in the form and condition required therein and confirmation from <br /> Title that Title is prepared to issue the mortgagee's title insurance policy as required herein, <br /> Lender agrees to disburse the Loan proceeds to Borrower. <br /> 7. Access to Loan Property. Lender and its respective representatives shall have at <br /> all reasonable times the right to enter and have free access to the Loan Property and the right to <br /> inspect the Loan Property. <br /> 8. Books and Records. Borrower agrees to maintain accurate and complete books, <br /> accounts and records in regard to the Loan Property in a manner reasonably acceptable to <br /> Lender. Lender and its representatives shall have the right to inspect, examine and copy all such <br /> books and records of Borrower and Borrower shall, at Lender's request, furnish such information <br /> as Lender may reasonably demand. Borrower shall also ensure that Entity Guarantor maintains <br /> accurate and complete books, accounts and records in regard to the Equipment in a manner <br /> reasonably acceptable to Lender. Lender and its representatives shall have the right to inspect, <br /> examine and copy all such books and records of Entity Guarantor and Entity Guarantor shall, at <br /> Lender's request, furnish such information as Lender may reasonably demand. <br /> 9. Encumbrances and Transfer. Other than the First Lien Mortgage and the Lease to <br /> the Entity Guarantor, Borrower agrees not to sell, transfer, lease or convey the Loan Property or <br /> any part of it, or any interest therein, or encumber the Loan Property or any part of it, in any <br /> manner, without written consent of Lender which consent may be granted or withheld in the sole <br /> discretion of Lender. This requirement shall apply to each and every sale, transfer, lease or <br /> conveyance, whether voluntary or involuntary and whether or not Lender has consented to any <br /> such prior sale, transfer lease or conveyance. The Entity Guarantor has agreed, pursuant to the <br /> Security Agreement, not to sell, transfer, lease or convey the Equipment or any part of it, or any <br /> interest therein, or encumber the Equipment or any part of it, in any manner, without the written <br /> consent of Lender which consent may be granted or withheld in the sole discretion of Lender. <br /> This requirement shall apply to each and every sale, transfer, lease or conveyance, whether <br /> 4 <br /> 464429v2 ELI 85-33 <br />