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<br />products and any other chemical or substance determined to be a hazard to human health <br />or the environment. <br /> <br /> <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 /> <br /> <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 /> <br /> <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 /> <br />Lender may waive any of the above requirements in its sole discretion. <br /> <br /> <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 /> <br /> <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 /> <br /> <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 /> <br /> <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 EL185-33 <br />