|
paint, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive
<br /> materials, explosives, carcinogens and petroleum products, including but not
<br /> limited to crude oil or any fraction thereof, natural gas, natural gas liquids,
<br /> gasoline and synthetic gas, and any other waste, material, substance, pollutant or
<br /> contaminant the presence of which on, in, about or under the Property would
<br /> subject the owner or operator thereof to any damages, penalties, fines or liabilities
<br /> under any applicable Environmental Regulation.
<br /> (c) "Law" means any federal, state or local law, statute, code, ordinance, rule,
<br /> regulation or requirement.
<br /> 2. Warranties and Representations. Borrower warrants and represents to Lender that
<br /> to Borrower's knowledge, and except as otherwise described in documents identified on
<br /> Exhibit A attached hereto:
<br /> (a) There is not located on, in, about or under the Property any Hazardous Substances
<br /> except for Hazardous Substances of the type ordinarily used, stored or
<br /> manufactured in connection with the operation of the Property as it is presently
<br /> operated, and such existing Hazardous Substances have been and are used, stored
<br /> and manufactured in compliance with all Environmental Regulations.
<br /> (b) The Property is not presently used, and has not in the past been used, as a landfill,
<br /> dump, disposal facility or gasoline station, or for industrial, manufacturing or
<br /> military purposes, or for the storage, generation, production, manufacture,
<br /> processing, treatment, disposal, handling, transportation or deposit of any
<br /> Hazardous Substances.
<br /> (c) There has not in the past been, and no present threat now exists of, a spill,
<br /> discharge, emission or release of a Hazardous Substance in, upon, under, over or
<br /> from the Property or from any other property which would have an impact on the
<br /> Property.
<br /> (d) The Property is in compliance with, and there are no past or present
<br /> investigations, administrative proceedings, litigation, regulatory hearings or other
<br /> actions completed, proposed, threatened or pending, alleging noncompliance with
<br /> or violation of, any Environmental Regulations respecting the Property, or
<br /> relating to any required environmental permits covering the Property.
<br /> (e) Borrower has disclosed to Lender all reports and investigations commissioned by
<br /> or in the possession or control of Borrower and relating to Hazardous Substances
<br /> and the Property.
<br /> (f) There are not now, nor have there ever been, any above ground or underground
<br /> storage tanks located in or under the Property. All storage tanks identified on
<br /> Exhibit A have been registered and/or permitted as required by Environmental
<br /> Regulations, and evidence of such registration and/or permitting has been given to
<br /> Lender. There are no wells on or under the Property, except as identified on
<br /> Exhibit A.
<br /> 2
<br /> 477383v1 MJM EL185-40
<br />
|