6.2 EDSR 10-17-2016 - Laserfiche WebLink

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ExhibitAhave been registered and/or permitted as required by Environmental Regulations, and evidence of such registration and/or permitting has been given to Lender. There are no wells on or under the Property, except as identified on ExhibitA. 3.Covenants and Agreements.Borrower and Entity Guarantor covenant and agree as follows: (a)Except for substances normally used for maintenance or operation of the Property which are used, stored and disposed of in accordance with all applicable Environmental Regulations and except as identified on ExhibitA, Borrowerand Entity Guarantorshall not, nor shall it permit others to, place, store, locate, generate, produce, create, process, treat, handle, transport, incorporate, discharge, emit, spill, release, deposit or dispose of any Hazardous Substance in, upon, under, over or from the Property. Borrower and Entity Guarantorshall cause all Hazardous Substances found on or under the Property, which are not permitted under the foregoing sentence, to be properly removed therefrom and properly disposed of at Borrower’sand Entity Guarantor’scost and expense. Borrower and Entity Guarantorshall not install or permit to be installed any underground storage tank on or under the Property. Borrowerand Entity Guarantorshall give written notice to Lender prior to a change in the operations on the Property. (b)In the event that (i)Lender reasonably believes that a violation of an Environmental Regulation may have occurred in connection with the Property; (ii)Lender receives notice from Borrower or Entity Guarantoror otherwise has knowledge that an event described in subparagraph 3(d) has occurred; (iii)Lender reasonably believes that a representation or warranty of Borrower or Entity Guarantorin Paragraph 2 was untrue in any material respect when made or has become untrue in any material respect; (iv)Lender receives notice from Borrower or a Entity Guarantoror otherwise has knowledge of a change in operations on the Property and Lender reasonably believes that the new operations may entail the presence of more or different Hazardous Substances on the Property; or (v)Lender reasonably believes that Hazardous Substances are present on the Property which were not previously known by Lender to be present on the Property; then, in any such event, Borrowerand Entity Guarantorshall at their cost obtain and deliver to Lender an environmental review, audit, assessment and/or report relating to the Property or shall have any previously delivered materials updated and/or amplified, by an engineer or scientist selected by Borrower and Entity Guarantorand acceptable to Lender; if Borrowerand Entity Guarantor failto do so within 45days after such request is made, Lender shall have the right to do so, in which event Borrower and Entity Guarantorshall reimburse Lender for the cost incurred by Lenderin doing so within 10days following demand therefor by Lender. (c)Borrower and Entity Guarantorshall, promptly after obtaining actual knowledge thereof, give notice to Lender of: (i)any activity in violation of any applicable Environmental Regulations relating to the Property, (ii)any governmental or 3 487523v1 JSB EL185-45