THE PROPERTY IN VIOLATION OF ENVIRONMENTAL
LAW (INCLUDING, BUT NOT LIMITED TO, SAMPLING, TESTING AND ANALYSIS OF SOIL,
WATER, AIR, BUILDING MATERIALS, AND OTHER MATERIALS AND SUBSTANCES WHETHER
SOLID, LIQUID OR GAS), AND SHARE WITH LENDER THE REPORTS AND OTHER RESULTS
THEREOF, AND LENDER AND THE 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 REASONABLY AND IN GOOD FAITH BELIEVES THAT HAZARDOUS
SUBSTANCES OR OTHER ENVIRONMENTAL HAZARDS EXIST ON THE PROPERTY IN VIOLATION OF
ENVIRONMENTAL LAW TO (I) EFFECTUATE REMEDIATION OF ANY CONDITION (INCLUDING, BUT
NOT LIMITED TO, A RELEASE OF A HAZARDOUS SUBSTANCE) REQUIRED BY ENVIRONMENTAL
LAWS IN, ON, UNDER OR FROM THE PROPERTY; (II) COMPLY WITH ANY ENVIRONMENTAL
2
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 WHEN REQUIRED BY ENVIRONMENTAL LAW OR SUPPORTED
BY THE OPINION OF A QUALIFIED TECHNICAL CONSULTANT; (H) BORROWER SHALL NOT TAKE
ANY ACTION, AND SHALL USE COMMERCIALLY REASONABLE EFFORTS NOT TO ALLOW ANY
TENANT OR OTHER USER OF THE PROPERTY TO TAKE ANY ACTION WITH RESPECT TO
HAZARDOUS SUBSTANCES, THAT MATERIALLY INCREASES THE DANGERS TO HUMAN HEALTH OR
THE ENVIRONMENT ON THE PROPERTY, POSES AN UNREASONABLE RISK OF HARM TO ANY
PERSON (WHETHER ON OR OFF THE PROPERTY), IMPAIRS THE VALUE OF THE PROPERTY, IS
CONTRARY TO ANY REQUIREMENT OF ANY INSURER OF THE PROPERTY, CONSTITUTES A PUBLIC
OR PRIVATE NUISANCE, CONSTITUTES WASTE, OR VIOLATES ANY COVENANT, CONDITION,
AGREEMENT OR EASEMENT APPLICABLE TO THE PROPERTY; AND (I) BORROWER SHALL
PROMPTLY NOTIFY LENDER IN WRITING OF (A) ANY PRESENCE OR RELEASES OF HAZARDOUS
SUBSTANCES IN, ON, UNDER, OR FROM THE PROPERTY, (B) ANY MATERIAL NON-COMPLIANCE
WITH ANY ENVIRONMENTAL LAWS RELATED IN ANY WAY TO THE PROPERTY, (C) ANY ACTUAL
ENVIRONMENTAL LIEN, (D) ANY REQUIRED OR PROPOSED REMEDIATION OF HAZARDOUS
SUBSTANCES RELATING TO THE PROPERTY AND (E) ANY WRITTEN NOTICE OR OTHER SUCH
COMMUNICATION OF WHICH BORROWER BECOMES AWARE FROM ANY SOURCE WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, A GOVERNMENTAL AUTHORITY) RELATING IN ANY WAY TO
HAZARDOUS SUBSTANCES AFFECTING THE PROPERTY OR REMEDIATION THEREOF, LIABILITY OF
BORROWER PURSUANT TO ANY ENVIRONMENTAL LAW RELATED TO THE PROPERTY, OTHER
ENVIRONMENTAL CONDITIONS PERTAINING TO HAZARDOUS SUBSTANCES IN CONNECTION WITH
THE PROPERTY, OR ANY ACTUAL OR POTENTIAL ADMINISTRATIVE OR JUDICIAL PROCEEDINGS
IN CONNECTION WITH ANYTHING REFERRED TO IN THIS AGREEMENT.
3.
INDEMNIFIED RIGHTS/COOPERATION AND ACCESS.
IN THE EVENT THAT ANY
INDEMNIFIED PARTY HAS REASON TO BELIEVE THAT A RELEASE OR A MATERIAL VIOLATION
OF ENVIRONMENTAL LAW EXISTS ON THE PROPERTY THAT, IN THE REASONABLE DISCRETION
OF THE INDEMNIFIED PARTY, ENDANGERS ANY TENANTS OR OTHER OCCUPANTS OF THE
PROPERTY OR THEIR GUESTS OR THE GENERAL PUBLIC OR MATERIALLY AND ADVERSELY
AFFECTS THE VALUE OF THE PROPERTY, UPON REASONABLE NOTICE FROM LENDER OR SUCH
INDEMNIFIED PARTY, BORROWER SHALL, AT