EXCEPT AS SET FORTH ON SCHEDULE 5.1.16, NONE OF EXTRA SPACE, ESP 52 OR ESP
MARYLAND TWO HAS RECEIVED WRITTEN NOTICE OF ANY PENDING OR PROPOSED PROCEEDING
TO CHANGE OR REDEFINE THE ZONING CLASSIFICATION OF ALL OR ANY PART OF ANY
FACILITY.
5.1.17
TANGIBLE PERSONAL PROPERTY.
AS OF CLOSING, THE TANGIBLE PERSONAL
PROPERTY WILL BE OWNED BY ESP 52 OR ESP MARYLAND TWO FREE AND CLEAR OF ANY
CONDITIONAL BILLS OF SALE, CHATTEL MORTGAGES, SECURITY AGREEMENTS OR FINANCING
STATEMENTS OR OTHER SECURITY INTERESTS OF ANY KIND.
5.1.18
ESP 52, ESP MARYLAND TWO AND STORAGE FACILITIES IN COMPLIANCE WITH
LAWS, REGULATIONS, ETC.
EACH OF ESP 52, ESP MARYLAND TWO AND THE FACILITIES ARE
IN COMPLIANCE IN ALL MATERIAL RESPECTS WITH ANY AND ALL APPLICABLE FEDERAL,
STATE AND LOCAL LAWS, REGULATIONS, ORDINANCES AND RULES PERTAINING TO THE
OPERATING OF THE FACILITIES.
14
5.1.19
ENVIRONMENTAL LAWS.
TO THE KNOWLEDGE OF EXTRA SPACE AND EXCEPT AS
DISCLOSED IN ANY ENVIRONMENTAL SITE ASSESSMENT PROVIDED BY EXTRA SPACE TO HSRE,
NONE OF EXTRA SPACE, ESP 52 OR ESP MARYLAND TWO ARE IN VIOLATION IN ANY MATERIAL
RESPECT, IN CONNECTION WITH ITS RESPECTIVE OWNERSHIP, USE, MAINTENANCE OR
OPERATION OF THE PROPERTY AND THE CONDUCT OF THE BUSINESS RELATED THERETO, OF
ANY APPLICABLE FEDERAL, STATE, COUNTY OR MUNICIPAL OR LOCAL STATUTES, LAWS,
REGULATIONS, RULES, ORDINANCES, CODES, STANDARDS, ORDERS OR LICENSES OR PERMITS
OF ANY GOVERNMENTAL AUTHORITIES RELATING TO ENVIRONMENTAL MATTERS, INCLUDING,
WITHOUT LIMITATION, THE RESOURCE CONSERVATION AND RECOVERY ACT, THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT AND THE
OCCUPATIONAL HEALTH ACT (BEING HEREINAFTER COLLECTIVELY REFERRED TO AS THE
"ENVIRONMENTAL LAWS") AND ALL OTHER APPLICABLE ENVIRONMENTAL STANDARDS OR
REQUIREMENTS.
SCHEDULE 5.1.19 IS A TRUE, CORRECT AND COMPLETE, IN ALL MATERIAL
RESPECTS, LIST OF ALL ENVIRONMENTAL STUDIES OR REPORTS PREPARED AT THE REQUEST
OF EXTRA SPACE AND RELATING TO ANY OF THE FACILITIES, COPIES OF WHICH HAVE BEEN
PROVIDED TO HSRE BY EXTRA SPACE EITHER PRIOR TO OR CONCURRENTLY WITH THE
EXECUTION OF THIS AGREEMENT AND EXTRA SPACE HAS NO KNOWLEDGE THAT SUCH REPORTS
ARE NOT TRUE, CORRECT AND COMPLETE IN ALL MATERIAL RESPECTS.
5.1.20
HAZARDOUS MATERIALS.
EXCEPT AS DISCLOSED IN ANY ENVIRONMENTAL SITE
ASSESSMENT PROVIDED BY EXTRA SPACE TO HSRE, NONE OF EXTRA SPACE, ESP 52, ESP
MARYLAND TWO NOR THEIR ITS RESPECTIVE AGENTS, EMPLOYEES, OR INDEPENDENT
CONTRACTS, OR TO THE KNOWLEDGE OF EXTRA SPACE, ANY TENANT HAS (A) OPERATED THE
PROPERTY FOR THE PURPOSE OF RECEIVING, HANDLING, USING, STORING, TREATMENT,
TRANSPORTING AND DISPOSING OF ANY HAZARDOUS MATERIALS (MEANING ASBESTOS, UREA
FORMALDEHYDE, POLYCHLORINATED BIPHENYLS, LEAD, NUCLEAR FUEL OR MATERIALS,
CHEMICAL WASTE, RADIOACTIVE MATERIALS, EXPLOSIVES, KNOWN CARCINOGENS, PETROLEUM
HYDROCARBON, INCLUDING CRUDE OIL OR ANY FRACTION THEREOF AND ALL PETROLEUM
PRODUCTS, OR OTHER DANGEROUS OR TOXIC OR HAZARDOUS POLLUTANTS, CONTAMINANTS,
CHEMICAL MATERIALS OR OTHER SUBSTANCES DEFINED IN OR REGULATED BY SAID
ENVIRONMENTAL LAWS (ALL OF THE FOREGOING BEING HEREINAFTER COLLECTIVELY REFERRED
TO AS "HAZARDOUS MATERIALS"); AND/OR (B) RELEASED (OR CAUSED TO BE RELEASED)
HAZARDOUS MATERIALS INTO THE ENVIRONMENT FROM A FACILITY.
EXCEPT AS DISCLOSED
IN ANY ENVIRONMENTAL SITE ASSESSMENT