TECHNOLOGY NECESSARY TO MAINTAIN COMPLIANCE IN ALL MATERIAL
RESPECTS WITH ANY APPLICABLE ENVIRONMENTAL LAWS AND (II) DISPOSE OF ANY AND ALL
HAZARDOUS WASTE GENERATED AT THE REAL PROPERTY ONLY AT FACILITIES AND WITH
CARRIERS THAT MAINTAIN VALID PERMITS UNDER RCRA AND ANY OTHER APPLICABLE
ENVIRONMENTAL LAWS.
BORROWERS SHALL USE THEIR COMMERCIALLY REASONABLE EFFORTS
TO OBTAIN CERTIFICATES OF DISPOSAL, SUCH AS HAZARDOUS WASTE MANIFEST RECEIPTS,
FROM ALL TREATMENT, TRANSPORT, STORAGE OR DISPOSAL FACILITIES OR OPERATORS
EMPLOYED BY BORROWERS IN CONNECTION WITH THE TRANSPORT OR DISPOSAL OF ANY
HAZARDOUS WASTE GENERATED AT THE REAL PROPERTY.
(D)
IN THE EVENT ANY BORROWER OBTAINS, GIVES OR RECEIVES NOTICE OF ANY
RELEASE OR THREAT OF RELEASE OF A REPORTABLE QUANTITY OF ANY HAZARDOUS
SUBSTANCES AT THE REAL PROPERTY (ANY SUCH EVENT BEING HEREINAFTER REFERRED TO AS
A "HAZARDOUS DISCHARGE") OR RECEIVES ANY NOTICE OF A MATERIAL VIOLATION, REQUEST
FOR INFORMATION OR NOTIFICATION THAT IT IS POTENTIALLY RESPONSIBLE FOR
INVESTIGATION OR CLEANUP OF ENVIRONMENTAL CONDITIONS AT THE REAL PROPERTY,
DEMAND LETTER OR COMPLAINT, ORDER, CITATION, OR OTHER WRITTEN NOTICE WITH REGARD
TO ANY HAZARDOUS DISCHARGE OR
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MATERIAL VIOLATION OF ENVIRONMENTAL LAWS AFFECTING THE REAL PROPERTY OR ANY
BORROWER'S INTEREST THEREIN (ANY OF THE FOREGOING IS REFERRED TO HEREIN AS AN
"ENVIRONMENTAL COMPLAINT") FROM ANY PERSON, INCLUDING ANY STATE AGENCY
RESPONSIBLE IN WHOLE OR IN PART FOR ENVIRONMENTAL MATTERS IN THE STATE IN WHICH
THE REAL PROPERTY IS LOCATED OR THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY (ANY SUCH PERSON OR ENTITY HEREINAFTER THE "AUTHORITY"), THEN BORROWING
AGENT SHALL, WITHIN FIVE (5) BUSINESS DAYS, GIVE WRITTEN NOTICE OF SAME TO AGENT
DETAILING FACTS AND CIRCUMSTANCES OF WHICH ANY BORROWER IS AWARE GIVING RISE TO
THE HAZARDOUS DISCHARGE OR ENVIRONMENTAL COMPLAINT.
SUCH INFORMATION IS TO BE
PROVIDED TO ALLOW AGENT TO PROTECT ITS SECURITY INTEREST IN AND LIEN ON THE REAL
PROPERTY AND THE COLLATERAL AND IS NOT INTENDED TO CREATE NOR SHALL IT CREATE
ANY OBLIGATION UPON AGENT OR ANY LENDER WITH RESPECT THERETO.
IF REASONABLY
REQUESTED BY BORROWING AGENT, AGENT WILL IN GOOD FAITH CONSIDER ENTERING INTO A
JOINT DEFENSE OR SIMILAR AGREEMENT WITH BORROWING AGENT PRIOR TO BORROWING AGENT
PROVIDING SUCH NOTICE.
(E)
BORROWING AGENT SHALL PROMPTLY FORWARD TO AGENT COPIES OF ANY
REQUEST FOR INFORMATION, NOTIFICATION OF POTENTIAL LIABILITY, DEMAND LETTER
RELATING TO POTENTIAL RESPONSIBILITY WITH RESPECT TO THE INVESTIGATION OR
CLEANUP OF HAZARDOUS SUBSTANCES AT ANY OTHER SITE OWNED, OPERATED OR USED BY ANY
BORROWER TO DISPOSE OF HAZARDOUS SUBSTANCES AND SHALL CONTINUE TO FORWARD COPIES
OF CORRESPONDENCE BETWEEN ANY BORROWER AND THE AUTHORITY REGARDING SUCH CLAIMS
TO AGENT UNTIL THE CLAIM IS SETTLED.
BORROWING AGENT SHALL PROMPTLY FORWARD TO
AGENT COPIES OF ALL DOCUMENTS AND REPORTS CONCERNING A HAZARDOUS DISCHARGE AT
THE REAL PROPERTY THAT ANY BORROWER IS REQUIRED TO FILE UNDER ANY ENVIRONMENTAL
LAWS.
SUCH INFORMATION IS TO BE PROVIDED SOLELY TO ALLOW AGENT TO PROTECT
AGENT'S SECURITY INTEREST IN AND LIEN ON THE REAL PROPERTY AND THE COLLATERAL.
(F)
BORROWERS SHALL RESPOND PROMPTLY TO ANY HAZARDOUS DISCHARGE OR
ENVIRONMENTAL