Common use of Future Performance Clause in Contracts

Future Performance. Grantor will not cause or permit the Property, the Associated Property or Grantor to be in violation of, or do anything or permit anything to be done which will subject the Property or the Associated Property to any remedial obligations under any Environmental Laws, including without limitation CERCLA, RCRA, the Toxic Substance Control Act, assuming disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the Property or Associated Property and Grantor will promptly notify Beneficiary in writing of the presence of any Hazardous Material on the Property or Associated Property and of any existing, pending or, to the best knowledge of Grantor, threatened investigation or inquiry by any governmental authority in connection with any Environmental Laws. Grantor will take all steps necessary to determine that no Hazardous Materials have been disposed of or otherwise released on or to the Property or Associated Property except in accordance with Environmental Laws. Grantor will not cause or permit the disposal or other release of any Hazardous Materials on or to the Property, or the Associated Property or any property adjoining the Property except in accordance with Environmental Laws and covenants and agrees to keep or cause the Property and the Associated Property to be kept free of any Hazardous Materials and to remove the same (or if removal is prohibited by law, to take whatever action is required by law) promptly upon discovery at its sole expense. Without limitation of the Beneficiary’s rights to declare an event of default hereunder and to exercise all remedies available by reason thereof, in the event Grantor fails to comply with or perform any of the foregoing covenants and obligations, the Beneficiary may (without any obligation, express or implied) remove any Hazardous Materials from the Property or the Associated Property (or if removal is prohibited by law, take whatever action is required by law) and the cost of the removal or such other action shall be a demand obligation owing by Grantor to the Beneficiary pursuant to this Mortgage. Grantor grants to Beneficiary and its agents, employees, contractors and consultants access to the Property and the Associated Property and the license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to remove the Hazardous Materials (or if removal is prohibited by law, to take whatever action is required by law) and agrees to indemnify and hold Beneficiary harmless from all costs and expenses involved therewith. Upon Beneficiary’s reasonable request, at any time and from time to time during the existence of this Mortgage, Grantor will provide at Grantor’s sole expense an inspection or audit of the Property and the Associated Property from an engineering or consulting firm approved by Beneficiary, indicating the presence or absence of Hazardous Materials on the Property. If Grantor fails to provide same after ten (10) days’ notice, Beneficiary may order same, and Grantor grants to Beneficiary and its employees, agents, contractors and consultants access to the Property and the Associated Property and a license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to perform such inspections and tests. The cost of such inspections and tests shall be a demand obligation owing by Grantor to Beneficiary pursuant to this Mortgage. The Beneficiary’s rights under this paragraph are for the sole purpose of protecting the Beneficiary’s security for the repayment of the secured indebtedness and shall not under any circumstance be construed as granting the right to participate or constitute participation in the management of the Property or the business conducted thereon.

Future Performance. Grantor Mortgagor will use its best efforts not to ------------------- cause or permit the Property, Property or the Associated Property or Grantor Mortgagor to be in material violation of, or do anything or permit anything to be done which will subject the Property or the Associated Property to any material remedial obligations under under, or result in material noncompliance with applicable permits and licenses under, any Applicable Environmental Laws, including without limitation CERCLA, RCRA, the Toxic Substance Control Act, assuming disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the Property or the Associated Property and Grantor Mortgagor will promptly notify Beneficiary Agent in writing of the presence of any Hazardous Material on the Property or Associated Property and of any existing, pending or, to the best knowledge of GrantorMortgagor, threatened investigation investigation, claim, suit or inquiry by any governmental authority or any person in connection with any Applicable Environmental Laws, provided that, with respect to Properties not operated by Mortgagor, Mortgagor shall notify Agent of any investigations, claims, suits or inquiries, whether existing, pending, or threatened, of which Mortgagor becomes aware. Grantor Mortgagor will take all steps reasonably necessary to determine that no Hazardous Materials hazardous substances or solid wastes have been disposed of or otherwise released on or to the Property or the Associated Property except in accordance with Environmental LawsProperty. Grantor Mortgagor will use commercial and reasonable efforts not to cause or permit the disposal or other release of any Hazardous Materials on hazardous substance or to solid waste at, into, upon or under the Property, Property or the Associated Property or any property adjoining the Property except in accordance with Environmental Laws and covenants and agrees to keep or cause the Property and and/or the Associated Property to be kept free of any Hazardous Materials hazardous substance or solid waste (except such use, and temporary storage in anticipation of use, as is required in the ordinary course of business, all while in compliance with Applicable Environmental Laws), and to remove the same (or if removal is prohibited by law, to take whatever action is required by law) promptly upon discovery at its sole expense. Without limitation of the Beneficiary’s rights to declare an event of default hereunder and to exercise all remedies available by reason thereof, in the event Grantor fails to comply with or perform any of the foregoing covenants and obligations, the Beneficiary may (without any obligation, express or implied) remove any Hazardous Materials from the Property or the Associated Property (or if removal is prohibited by law, take whatever action is required by law) and the cost of the removal or such other action shall be a demand obligation owing by Grantor to the Beneficiary pursuant to this Mortgage. Grantor grants to Beneficiary and its agents, employees, contractors and consultants access to the Property and the Associated Property and the license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to remove the Hazardous Materials (or if removal is prohibited by law, to take whatever action is required by law) and agrees to indemnify and hold Beneficiary harmless from all costs and expenses involved therewith. Upon Beneficiary’s Agent's reasonable request, at any time and from time to time during the existence of this Mortgage, Grantor Mortgagor will provide at Grantor’s Mortgagor's sole expense an inspection or audit of the Property and the Associated Property from an engineering or consulting firm approved by BeneficiaryAgent, indicating the presence or absence of Hazardous Materials hazardous substances and solid waste on the Property. If Grantor fails to provide same after ten (10) days’ notice, Beneficiary may order same, and Grantor grants to Beneficiary and its employees, agents, contractors and consultants access to the Property and and/or the Associated Property and compliance with Applicable Environmental Laws. In the event of a license (which is coupled with an interest violation, Mortgagor will diligently work to cure such violation, including remediation, if necessary, and irrevocable while so long as Mortgagor diligently prosecutes efforts to cure the violation, Mortgagor will not be in breach of this Mortgage is in effect) to perform such inspections and tests. The cost of such inspections and tests shall be a demand obligation owing by Grantor to Beneficiary pursuant to this Mortgage. The Beneficiary’s rights under this paragraph are for the sole purpose of protecting the Beneficiary’s security for the repayment of the secured indebtedness and shall not under any circumstance be construed as granting the right to participate or constitute participation in the management of the Property or the business conducted thereonprovision.

Future Performance. Grantor Mortgagor will use its best efforts not to cause or permit the Property, Property or the Associated Property or Grantor Mortgagor to be in material violation of, or do anything or permit anything to be done which will subject the Property or the Associated Property to any material remedial obligations under under, or result in material Houston 3941837v.4 noncompliance with applicable permits and licenses under, any Applicable Environmental Laws, including without limitation CERCLA, RCRA, the Toxic Substance Control Act, assuming disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the Property or the Associated Property and Grantor Mortgagor will promptly notify Beneficiary Agent in writing of the presence of any Hazardous Material on the Property or Associated Property and of any existing, pending or, to the best knowledge of GrantorMortgagor, threatened investigation investigation, claim, suit or inquiry by any governmental authority or any person in connection with any Applicable Environmental Laws, provided that, with respect to Properties not operated by Mortgagor, Mortgagor shall notify Agent of any investigations, claims, suits or inquiries, whether existing, pending, or threatened, of which Mortgagor becomes aware. Grantor Mortgagor will take all steps reasonably necessary to determine that no Hazardous Materials hazardous substances or solid wastes have been disposed of or otherwise released on or to the Property or the Associated Property except in accordance with Environmental LawsProperty. Grantor Mortgagor will use commercial and reasonable efforts not to cause or permit the disposal or other release of any Hazardous Materials on hazardous substance or to solid waste at, into, upon or under the Property, Property or the Associated Property or any property adjoining the Property except in accordance with Environmental Laws and covenants and agrees to keep or cause the Property and and/or the Associated Property to be kept free of any Hazardous Materials hazardous substance or solid waste (except such use, and temporary storage in anticipation of use, as is required in the ordinary course of business, all while in compliance with Applicable Environmental Laws), and to remove the same (or if removal is prohibited by law, to take whatever action is required by law) promptly upon discovery at its sole expense. Without limitation of the Beneficiary’s rights to declare an event of default hereunder and to exercise all remedies available by reason thereof, in the event Grantor fails to comply with or perform any of the foregoing covenants and obligations, the Beneficiary may (without any obligation, express or implied) remove any Hazardous Materials from the Property or the Associated Property (or if removal is prohibited by law, take whatever action is required by law) and the cost of the removal or such other action shall be a demand obligation owing by Grantor to the Beneficiary pursuant to this Mortgage. Grantor grants to Beneficiary and its agents, employees, contractors and consultants access to the Property and the Associated Property and the license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to remove the Hazardous Materials (or if removal is prohibited by law, to take whatever action is required by law) and agrees to indemnify and hold Beneficiary harmless from all costs and expenses involved therewith. Upon BeneficiaryAgent’s reasonable request, at any time and from time to time during the existence of this Mortgage, Grantor Mortgagor will provide at GrantorMortgagor’s sole expense an inspection or audit of the Property and the Associated Property from an engineering or consulting firm approved by BeneficiaryAgent, indicating the presence or absence of Hazardous Materials hazardous substances and solid waste on the Property. If Grantor fails to provide same after ten (10) days’ notice, Beneficiary may order same, and Grantor grants to Beneficiary and its employees, agents, contractors and consultants access to the Property and and/or the Associated Property and compliance with Applicable Environmental Laws. In the event of a license (which is coupled with an interest violation, Mortgagor will diligently work to cure such violation, including remediation, if necessary, and irrevocable while so long as Mortgagor diligently prosecutes efforts to cure the violation, Mortgagor will not be in breach of this Mortgage is in effect) to perform such inspections and tests. The cost of such inspections and tests shall be a demand obligation owing by Grantor to Beneficiary pursuant to this Mortgage. The Beneficiary’s rights under this paragraph are for the sole purpose of protecting the Beneficiary’s security for the repayment of the secured indebtedness and shall not under any circumstance be construed as granting the right to participate or constitute participation in the management of the Property or the business conducted thereonprovision.

Future Performance. Grantor will not cause or permit the Property, the Associated Property or Grantor to be in violation of, or do anything or permit anything to be done which will subject the Property or the Associated Property to any remedial obligations under any Environmental Laws, including without limitation CERCLA, RCRA, the Toxic Substance Control Act, assuming disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the he Property or Associated Property and Grantor will promptly notify Beneficiary in writing of the presence of any Hazardous Material on the Property or Associated Property and of any existing, pending or, to the best knowledge of Grantor, threatened investigation or inquiry by any governmental authority in connection with any Environmental Laws. Grantor will take all steps necessary to determine that no Hazardous Materials have been disposed of or otherwise released on or to the Property or Associated Property except in accordance with Environmental Laws. Grantor will not cause or permit the disposal or other release of any Hazardous Materials on or to the Property, or the Associated Property or any property adjoining the Property except in accordance with Environmental Laws and covenants and agrees to keep or cause the Property and the Associated Property to be kept free of any Hazardous Materials and to remove the same (or if removal is prohibited by law, to take whatever action is required by law) promptly upon discovery at its sole expense. Without limitation of the Beneficiary’s rights to declare an event of default de fault hereunder and to exercise all remedies available by reason thereof, in the event Grantor fails to comply with or perform any of the foregoing covenants and obligations, the Beneficiary may (without any obligation, express or implied) remove any Hazardous Materials from the Property or the Associated Property (or if removal is prohibited by law, take whatever action is required by law) and the cost of the removal or such other action shall be a demand obligation owing by Grantor to the Beneficiary pursuant to this Mortgage. Grantor grants to Beneficiary and its agents, employees, contractors and consultants access to the Property and the Associated Property and the license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to remove the Hazardous Materials (or if removal is prohibited by law, to take whatever action is required by law) and agrees to indemnify and hold Beneficiary harmless formless from all costs and expenses involved therewith. Upon Beneficiary’s reasonable request, at any time and from time to time during the existence of this Mortgage, Grantor will provide at Grantor’s sole expense an inspection or audit of the Property and the Associated Property from an engineering or consulting firm approved by Beneficiary, indicating the presence or absence of Hazardous Materials on the he Property. If Grantor fails to provide same after ten (10) days’ notice, Beneficiary may order same, and Grantor grants to Beneficiary and its employees, agents, contractors and consultants access to the Property and the Associated Property and a license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to perform such inspections and tests. The cost of such inspections and tests shall be a demand obligation owing by Grantor to Beneficiary pursuant to this Mortgage. The Beneficiary’s rights under this paragraph are for the sole purpose of protecting the Beneficiary’s security for the repayment of the secured indebtedness and shall not under any circumstance be construed as granting the right to participate or constitute participation in the management of the Property or the business conducted thereon.

Future Performance. Grantor Mortgagor will use its best efforts not ------------------- to cause or permit the Property, Property or the Associated Property or Grantor Mortgagor to be in material violation of, or do anything or permit anything to be done which will subject the Property or the Associated Property to any material remedial obligations under under, or result in material noncompliance with applicable permits and licenses under, any Applicable Environmental Laws, including without limitation CERCLA, RCRA, the Toxic Substance Control Act, assuming disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the Property or the Associated Property and Grantor Mortgagor will promptly notify Beneficiary Agent in writing of the presence of any Hazardous Material on the Property or Associated Property and of any existing, pending or, to the best knowledge of GrantorMortgagor, threatened investigation investigation, claim, suit or inquiry by any governmental authority or any person in connection with any Applicable Environmental Laws, provided that, with respect to Properties not operated by Mortgagor, Mortgagor shall notify Agent of any investigations, claims, suits or inquiries, whether existing, pending, or threatened, of which Mortgagor becomes aware. Grantor Mortgagor will take all steps reasonably necessary to determine that no Hazardous Materials hazardous substances or solid wastes have been disposed of or otherwise released on or to the Property or the Associated Property except in accordance with Environmental LawsProperty. Grantor Mortgagor will use commercial and reasonable efforts not to cause or permit the disposal or other release of any Hazardous Materials on hazardous substance or to solid waste at, into, upon or under the Property, Property or the Associated Property or any property adjoining the Property except in accordance with Environmental Laws and covenants and agrees to keep or cause the Property and and/or the Associated Property to be kept free of any Hazardous Materials hazardous substance or solid waste (except such use, and temporary storage in anticipation of use, as is required in the ordinary course of business, all while in compliance with Applicable Environmental Laws), and to remove the same (or if removal is prohibited by law, to take whatever action is required by law) promptly upon discovery at its sole expense. Without limitation of the Beneficiary’s rights to declare an event of default hereunder and to exercise all remedies available by reason thereof, in the event Grantor fails to comply with or perform any of the foregoing covenants and obligations, the Beneficiary may (without any obligation, express or implied) remove any Hazardous Materials from the Property or the Associated Property (or if removal is prohibited by law, take whatever action is required by law) and the cost of the removal or such other action shall be a demand obligation owing by Grantor to the Beneficiary pursuant to this Mortgage. Grantor grants to Beneficiary and its agents, employees, contractors and consultants access to the Property and the Associated Property and the license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to remove the Hazardous Materials (or if removal is prohibited by law, to take whatever action is required by law) and agrees to indemnify and hold Beneficiary harmless from all costs and expenses involved therewith. Upon Beneficiary’s Agent's reasonable request, at any time and from time to time during the existence of this Mortgage, Grantor Mortgagor will provide at Grantor’s Mortgagor's sole expense an inspection or audit of the Property and the Associated Property from an engineering or consulting firm approved by BeneficiaryAgent, indicating the presence or absence of Hazardous Materials hazardous substances and solid waste on the Property. If Grantor fails to provide same after ten (10) days’ notice, Beneficiary may order same, and Grantor grants to Beneficiary and its employees, agents, contractors and consultants access to the Property and and/or the Associated Property and compliance with Applicable Environmental Laws. In the event of a license (which is coupled with an interest violation, Mortgagor will diligently work to cure such violation, including remediation, if necessary, and irrevocable while so long as Mortgagor diligently prosecutes efforts to cure the violation, Mortgagor will not be in breach of this Mortgage is in effect) to perform such inspections and tests. The cost of such inspections and tests shall be a demand obligation owing by Grantor to Beneficiary pursuant to this Mortgage. The Beneficiary’s rights under this paragraph are for the sole purpose of protecting the Beneficiary’s security for the repayment of the secured indebtedness and shall not under any circumstance be construed as granting the right to participate or constitute participation in the management of the Property or the business conducted thereonprovision.

Future Performance. Grantor will not cause or permit the Property, the Associated Property or Grantor to be in violation of, or do anything or permit anything to be done which will subject the Property or the Associated Property to any remedial obligations under any Applicable Environmental Laws, including without limitation CERCLA, RCRA, the Toxic Substance Control Act, the Texas Water Code, the Texas Clean Air Act and the Texas Solid Waste Disposal Act, assuming disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the Property or Associated Property and Grantor will promptly notify Beneficiary Noteholder in writing of the presence of any Hazardous Material hazardous substance or solid waste on the Property or the Associated Property and of any existing, pending or, to the best knowledge of Grantor, threatened investigation or inquiry by any governmental authority in connection with any Applicable Environmental Laws. Grantor will take all steps necessary to determine that no Hazardous Materials hazardous substances or solid wastes have been disposed of or otherwise released on or to the Property or Associated Property except in accordance with Applicable Environmental Laws. Grantor will not cause or permit the disposal or other release of any Hazardous Materials hazardous substance or solid waste on or to the Property, or the Associated Property or any property adjoining the Property except in accordance with Applicable Environmental Laws and covenants and agrees to keep or cause the Property and the Associated Assciated Property to be kept free of any Hazardous Materials hazardous substance or solid waste and to remove the same (or if removal is prohibited by law, to take whatever action is required by law) promptly upon discovery at its sole expense. Without limitation of the Beneficiary’s rights to declare an event of default hereunder and to exercise all remedies available by reason thereof, in the event Grantor fails to comply with or perform any of the foregoing covenants and obligations, the Beneficiary may (without any obligation, express or implied) remove any Hazardous Materials from the Property or the Associated Property (or if removal is prohibited by law, take whatever action is required by law) and the cost of the removal or such other action shall be a demand obligation owing by Grantor to the Beneficiary pursuant to this Mortgage. Grantor grants to Beneficiary and its agents, employees, contractors and consultants access to the Property and the Associated Property and the license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to remove the Hazardous Materials (or if removal is prohibited by law, to take whatever action is required by law) and agrees to indemnify and hold Beneficiary harmless from all costs and expenses involved therewith. Upon Beneficiary’s Noteholder's reasonable request, at any time and from time to time during the existence of this Mortgage, Grantor will provide at Grantor’s 's sole expense an inspection or audit of the Property and the Associated Property from an engineering or consulting firm approved by BeneficiaryNoteholder, indicating the presence or absence of Hazardous Materials hazardous substances and solid waste on the Property. If Grantor fails to provide same after ten (10) days’ ' notice, Beneficiary Noteholder may order same, and Grantor grants to Beneficiary Noteholder and its employees, agents, contractors and consultants access to the Property and the Associated Property and a license (which is coupled with an interest and irrevocable while this Mortgage is in effect) to perform such inspections inspection and tests. The cost of such inspections and tests shall be a demand obligation owing by Grantor to Beneficiary Noteholder pursuant to this MortgageMortgage and shall be subject to and covered by the provisions of paragraph 2.3 hereof. The Beneficiary’s Noteholder's rights under this paragraph are for the sole purpose of protecting the Beneficiary’s Noteholder's security for the repayment of the secured indebtedness and shall not under any circumstance be construed as granting the right to participate or constitute participation in the management of the Property or the business conducted thereonindebtedness.