Common use of Environmental Condition of the Property Clause in Contracts

Environmental Condition of the Property. (a) The location, construction, occupancy, operation, condition and use of the Property do not violate any applicable law, statute, ordinance, rule, regulation, order or determination of any Governmental Authority, or any restrictive covenant or deed restriction (recorded or otherwise) affecting the Property, including without limitation all applicable zoning ordinances and building codes, flood disaster, occupational health and safety laws and Environmental Laws where such violation could reasonably be expected to have a Material Adverse Effect. (b) Without limitation of (a) above, neither the Property nor the Borrower or any of its Subsidiaries is in violation of or subject to any existing, pending or threatened administrative enforcement proceeding, notice of violation, administrative or consent order or agreement, litigation or settlement by any Governmental Authority or subject to any investigatory or remedial obligations under any Environmental Laws with respect to the presence or suspected presence of Hazardous Materials Contamination where such violation, proceeding, notice, order, agreement, litigation, settlement or obligation would have a Material Adverse Effect. (c) Neither the Borrower nor any of its Subsidiaries is subject to any liability or obligation, where such liability or obligation could reasonable be expected to have Material Adverse Effect, relating to (i) the environmental conditions on, under or about the Property which violate Environmental Laws, including without limitation, the air, soil, surface and ground water conditions at the Property; or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Hazardous Materials which violate Environmental Laws. (d) The Borrower and its Subsidiaries have obtained or are pursuing all permits, licenses or similar authorizations required under any Environmental Law to construct, occupy, operate or use, or relating to the existence of buildings, improvements, facilities, fixtures and equipment forming a part of the Property. (e) The Borrower and each of its Subsidiaries is not aware that any Hazardous Materials are now located on the Property or have escaped or been released into the environment, or deposited, spilled, leaked, discharged, or disposed of at, on, from, under or near the Property or any portion thereof when the maintenance of such Hazardous Materials on the Property or such escape, release, deposit, spill, leak, discharge or disposal could reasonably be expected to have a Material Adverse Effect. In addition, (a) no portion of the Property is being used nor, to the knowledge of the Borrower, or its Subsidiaries has been used by any Person at any previous time for the generation, disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of Environmental Laws, and (b) no part of the Property is affected by any 34 Hazardous Materials Contamination, in either case where such use or if such effect could reasonably be expected to have a Material Adverse Effect. (f) To the best of Borrower's and its Subsidiaries' knowledge, no property adjoining or within a one-half mile radius of any Property is being used, or has been used at any previous time, for the generation, treatment, storage, processing, disposal or other handling of Hazardous Materials in violation of Environmental Laws, where such use could reasonably be expected to have a Material Adverse Effect. (g) The Property is not currently on, and to Borrower's and the Subsidiaries' knowledge, has never been on, any federal or state "superfund" or "superlien" list or registry.

Environmental Condition of the Property. (a) The location, construction, occupancy, operation, condition and use of the Property do not violate any applicable material law, statute, ordinance, rule, regulation, order or determination of any Governmental Authority, or any material restrictive covenant or deed restriction (recorded or otherwise) affecting the Property, including without limitation all applicable material zoning ordinances and building codes, flood disaster, occupational health and safety laws and Environmental Laws where such violation could reasonably be expected to have a Material Adverse EffectLaws. (b) Without limitation of (a) above, neither the Property nor the Borrower Company or any of its Subsidiaries is in violation of or subject to any existing, pending or threatened administrative enforcement proceedinginvestigation, notice of violationrequest for information, administrative or consent order or agreement, litigation or settlement by any Governmental Authority or subject to any investigatory or remedial obligations under any Environmental Laws or the common law with respect to the presence or suspected presence of Hazardous Materials Contamination where such violation, proceeding, notice, order, agreement, litigation, settlement or obligation would have a Material Adverse EffectContamination. (c) Neither the Borrower Company nor any of its Subsidiaries is subject to any liability or obligation, where such liability or obligation could reasonable be expected to have Material Adverse Effect, relating to (i) the environmental conditions on, under or about the Property which violate Environmental LawsProperty, including without limitation, the air, soil, surface and ground water conditions at the Property; or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Hazardous Materials which violate Environmental LawsMaterials. (d) The Borrower and Neither the Company nor any of its Subsidiaries have obtained has obtained, nor are any of them required to obtain or are pursuing all make application for any permits, licenses or similar authorizations required under any Environmental Law to construct, occupy, operate or use, or relating to the existence of any buildings, improvements, facilities, fixtures and equipment forming a part of the PropertyProperty by reason of any Environmental Laws. (e) The Borrower Company and each of its Subsidiaries is not aware has taken all steps reasonably necessary to determine and has determined that any no Hazardous Materials are now located on the Property or have escaped or been released into the environment, or deposited, spilled, leaked, discharged, or disposed of at, on, from, under or near the Property or any portion thereof when the maintenance of such Hazardous Materials thereof, except as set forth on the Property or such escape, release, deposit, spill, leak, discharge or disposal could reasonably be expected to have Exhibit C attached hereto and made a Material Adverse Effectpart hereof. In addition, (a) no No portion of the Property is --------- being used nor, to the knowledge of the BorrowerCompany, or its Subsidiaries Subsidiaries, has been used by any Person at any previous time for the generation, disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of Environmental LawsMaterials, and (b) no nor is any part of the Property is affected by any 34 Hazardous Materials Contamination, in either case where such use or if such effect could reasonably be expected to have a Material Adverse Effect.except as disclosed on Exhibit C hereto. --------- (f) To the best of BorrowerCompany's and its Subsidiaries' knowledge, no property adjoining or within a one-half mile radius in the immediate vicinity of any the Property is being used, or has been used at any previous time, for the generation, treatment, storage, processing, disposal or other handling of Hazardous Materials in violation of Environmental Laws, where such use could reasonably be expected to have a Material Adverse EffectMaterials. (g) The Property is not currently on, and to BorrowerCompany's and the Subsidiaries' knowledge, has never been on, any federal or state "superfund" or "superlien" list or registry.