shall mean each and every element, compound,
chemical mixture, contaminant, pollutant, material, waste or other substance
which is defined, determined or identified as hazardous or toxic under any
Environmental Law.
Without limiting the generality of the foregoing, the term
shall mean and include:
(A)
"HAZARDOUS SUBSTANCES" AS DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, THE SUPERFUND AMENDMENT AND
REAUTHORIZATION ACT OF 1986, OR TITLE III OF THE SUPERFUND AMENDMENT AND
REAUTHORIZATION ACT, EACH AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER;
EXCLUDING, HOWEVER, COMMON MAINTENANCE AND CLEANING PRODUCTS REGULARLY FOUND AT
PROPERTIES WITH A STANDARD OF OPERATION AND MAINTENANCE COMPARABLE TO THE
PREMISES;
(B)
"HAZARDOUS WASTE" AND "REGULATED SUBSTANCES" AS DEFINED IN THE RESOURCE
CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, AND REGULATIONS PROMULGATED
THEREUNDER;
(C)
"HAZARDOUS MATERIALS" AS DEFINED IN THE HAZARDOUS MATERIALS
TRANSPORTATION ACT, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER;
(D)
"CHEMICAL SUBSTANCE OR MIXTURE" AS DEFINED IN THE TOXIC SUBSTANCES CONTROL
ACT, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER; AND
(E)
PETROLEUM AND PETROLEUM PRODUCTS, ASBESTOS AND ASBESTOS-CONTAINING
MATERIALS, POLYCHLORINATED BIPHENYLS, LEAD AND RADON, AND COMPOUNDS CONTAINING
THEM (INCLUDING GASOLINE, DIESEL FUEL, OIL AND LEAD-BASED PAINT), AND
RADIOACTIVE MATERIALS, FLAMMABLES AND EXPLOSIVES AND COMPOUNDS CONTAINING THEM,
EXCLUDING, HOWEVER, PRODUCTS OR SUBSTANCES WHICH ARE GENERALLY USED IN THE
ORDINARY COURSE OF PROPERTY OPERATIONS, WORK PROJECTS AND SIMILAR ACTIVITIES
UNDERTAKEN BY OR ON BEHALF OF BORROWER OR ANY TENANTS AT THE PREMISES, IN EACH
CASE IN SUCH QUANTITIES AND CONCENTRATIONS AS ARE REASONABLE FOR THE INTENDED
APPLICATION.
The term "Indemnified Parties"
means Indemnitee, any Person who is or will
have been involved in the servicing of the Loan, any Person in whose name the
encumbrance created by the Mortgage is or will have been recorded, Persons who
may hold or acquire or will have held a full or partial interest in the Loan, as
well as custodians, trustees and other fiduciaries who hold or have held a full
or partial interest in the Loan for the benefit of third parties as well as the
respective directors, officers, shareholders, partners, members, employees,
agents, servants, representatives, contractors, subcontractors, Affiliates,
subsidiaries, participants, successors and assigns of any and all of the
foregoing (including, but not limited to, any other Person who holds or acquires
or will have held a participation or other full or partial interest in the Loan
or is an affiliate of any Person who holds or acquires or will have held such a
participation or other full or partial interest in the Loan, whether during the
term of the Loan or,
3
subject to the provisions of Section 2.10
herein, as a part of or following a
foreclosure of the Mortgage and including, but not limited to, any successors by
merger, consolidation or acquisition of all or a substantial portion of
Indemnitee's assets and business) (subject however to any provision in any Loan
Document relating to who may hold an interest in the Loan).
The term "Legal Action"
means any claim, suit or proceeding, whether