6.9 EDSR 01-19-2016 - Laserfiche WebLink

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(h) Compliance with Laws Etc. Deliver to Lender such evidence as Lender may require as to the compliance of the Loan Property with: (i) all applicable laws, codes, rules, regulations and ordinances, including, without limitation, those relative to environmental protection, protection of wetlands, building and zoning matters and the Americans with Disabilities Act; and (ii) the requirements of any restrictive covenants, conditions and restrictions; conditional use permit or planned unit development applicable to the Loan Property. (i) Hazardous Substances. Deliver to Lender evidence acceptable to Lender, that: (i) the Loan Property has not been used as a hazardous waste storage facility or burial site; (ii) the soil is free from hazardous waste, hazardous substances, pollutants and contaminants; and (iii) no hazardous waste, hazardous substance, pollutant or contaminant has been used in the construction or use of any building or other improvement on the Loan Property. For purposes of this subparagraph, the terms "hazardous waste," "hazardous substances," "pollutants" and "contaminants" shall include, but not be limited to, polychlorinated biphenyls (PCBs), asbestos, petroleum products and any other chemical or substance determined to be a hazard to human health or the environment. 0) Lease. Deliver to Lender a copy of the lease agreement for the use of the Loan Property, executed no later than the date of this Agreement, with at least a 5 -year term commencing upon issuance of a certificate of occupancy for the Development Property, by and between Borrower, as landlord, and Entity Guarantor, as tenant (the "Lease"). (k) Program Fee. Deliver to Lender the program fee of $2,000; the Lender acknowledges that the Borrower has previously paid the Lender's program fee. Lender may waive any of the above requirements in its sole discretion. 4. Disbursement of Loan. Upon receipt by Lender of all of the items required pursuant to Section 3 above in the form and condition required therein, Lender agrees to disburse the Loan proceeds to Borrower. 5. Access to, Loan Prop SA L_y. Lender and its respective representatives shallhave at all reasonable times the right to enter and have free access to the Loan Property and the right to inspect the Loan Property. 6. Books and Records. Borrower agrees to maintain accurate and complete books, accounts and records in regard to the Loan Property in a manner reasonably acceptable to Lender. Lender and its representatives shall have the right to inspect, examine and copy all such books and records of Borrower and Borrower shall, at Lender's request, furnish such information as Lender may reasonably demand. Borrower shall also ensure that Entity Guarantor maintains accurate and complete books, accounts, and records in regard to the Equipment in a manner reasonably acceptable to Lender. Lender and its representatives shall have the right to, inspect, 3 47388lv2 ELI 85-39