(INCLUDING BUT NOT LIMITED TO SAMPLING, TESTING AND ANALYSIS OF SOIL,
WATER, AIR, BUILDING MATERIALS
21
AND OTHER MATERIALS AND SUBSTANCES WHETHER SOLID, LIQUID OR GAS), AND SHARE WITH
LENDER THE REPORTS AND OTHER RESULTS THEREOF, AND LENDER AND OTHER INDEMNIFIED
PARTIES SHALL BE ENTITLED TO RELY ON SUCH REPORTS AND OTHER RESULTS THEREOF;
(G) BORROWER SHALL, AT ITS SOLE COST AND EXPENSE, COMPLY WITH ALL REASONABLE
WRITTEN REQUESTS OF LENDER MADE IN THE EVENT THAT LENDER HAS A GOOD FAITH REASON
TO BELIEVE BASED UPON CREDIBLE EVIDENCE OR INFORMATION THAT AN ENVIRONMENTAL
HAZARD EXISTS ON OR AFFECTS THE PROPERTY TO (I) REASONABLY EFFECTUATE
REMEDIATION OF ANY CONDITION (INCLUDING BUT NOT LIMITED TO A RELEASE OF A
HAZARDOUS SUBSTANCE) IN, ON, UNDER OR FROM THE PROPERTY; (II) COMPLY WITH ANY
ENVIRONMENTAL LAW; (III) COMPLY WITH ANY DIRECTIVE FROM ANY GOVERNMENTAL
AUTHORITY; AND (IV) TAKE ANY OTHER REASONABLE ACTION NECESSARY OR APPROPRIATE
FOR PROTECTION OF HUMAN HEALTH OR THE ENVIRONMENT; (H) BORROWER SHALL NOT DO OR
KNOWINGLY ALLOW ANY TENANT OR OTHER USER OF THE PROPERTY TO DO ANY ACT THAT
MATERIALLY INCREASES THE DANGERS TO HUMAN HEALTH OR THE ENVIRONMENT, POSES AN
UNREASONABLE RISK OF HARM TO ANY PERSON (WHETHER ON OR OFF THE PROPERTY),
IMPAIRS OR MAY IMPAIR THE VALUE OF THE PROPERTY, IS CONTRARY TO ANY REQUIREMENT
OF ANY INSURER, CONSTITUTES A PUBLIC OR PRIVATE NUISANCE, CONSTITUTES WASTE, OR
VIOLATES ANY COVENANT, CONDITION, AGREEMENT OR EASEMENT APPLICABLE TO THE
PROPERTY; AND (I) BORROWER SHALL IMMEDIATELY NOTIFY LENDER IN WRITING OF (A) ANY
PRESENCE OR RELEASES OR THREATENED RELEASES OF HAZARDOUS SUBSTANCES IN, ON,
UNDER, FROM OR MIGRATING TOWARDS THE PROPERTY; (B) ANY NON-COMPLIANCE WITH ANY
ENVIRONMENTAL LAWS RELATED IN ANY WAY TO THE PROPERTY; (C) ANY ACTUAL OR
POTENTIAL ENVIRONMENTAL LIEN; (D) ANY REQUIRED OR PROPOSED REMEDIATION OF
ENVIRONMENTAL CONDITIONS RELATING TO THE PROPERTY; AND (E) ANY WRITTEN OR ORAL
NOTICE OR OTHER COMMUNICATION OF WHICH BORROWER BECOMES AWARE FROM ANY SOURCE
WHATSOEVER (INCLUDING BUT NOT LIMITED TO A GOVERNMENTAL ENTITY) RELATING IN ANY
WAY TO HAZARDOUS SUBSTANCES OR REMEDIATION THEREOF, POSSIBLE LIABILITY OF ANY
PERSON PURSUANT TO ANY ENVIRONMENTAL LAW, OTHER ENVIRONMENTAL CONDITIONS IN
CONNECTION WITH THE PROPERTY, OR ANY ACTUAL OR POTENTIAL ADMINISTRATIVE OR
JUDICIAL PROCEEDINGS IN CONNECTION WITH ANYTHING REFERRED TO IN THIS ARTICLE 8.
SECTION 8.3.
LENDER'S RIGHTS. IN THE EVENT THAT LENDER HAS A GOOD
FAITH REASON TO BELIEVE BASED UPON CREDIBLE EVIDENCE OR INFORMATION THAT AN
ENVIRONMENTAL HAZARD EXISTS ON THE PROPERTY, UPON REASONABLE NOTICE FROM LENDER,
BORROWER SHALL, AT BORROWER'S EXPENSE, PROMPTLY CAUSE AN ENGINEER OR CONSULTANT
SATISFACTORY TO LENDER TO CONDUCT ANY ENVIRONMENTAL ASSESSMENT OR AUDIT (THE
SCOPE OF WHICH SHALL BE DETERMINED IN LENDER'S SOLE AND ABSOLUTE DISCRETION) AND
TAKE ANY SAMPLES OF SOIL, GROUNDWATER OR OTHER WATER, AIR, OR BUILDING MATERIALS
OR ANY OTHER INVASIVE TESTING REQUESTED BY LENDER AND PROMPTLY DELIVER THE
RESULTS OF ANY SUCH ASSESSMENT, AUDIT, SAMPLING OR OTHER TESTING; PROVIDED,
HOWEVER, IF SUCH RESULTS ARE NOT DELIVERED TO LENDER WITHIN A REASONABLE PERIOD,