SUCH EXPENSES FROM ANY OTHER PARTY THAT MAY BE LIABLE FOR SUCH REMOVAL OR CURE.
5.8.2
ENVIRONMENTAL MONITORING.
(A)
BORROWER SHALL, OR SHALL CAUSE MORTGAGE BORROWER TO, GIVE PROMPT
WRITTEN NOTICE TO LENDER OF (I) ANY PROCEEDING OR INQUIRY BY ANY PARTY
(INCLUDING ANY GOVERNMENTAL AUTHORITY) WITH RESPECT TO THE PRESENCE OF ANY
HAZARDOUS SUBSTANCE ON, UNDER, FROM OR ABOUT THE PROPERTY, (II) ALL CLAIMS MADE
OR THREATENED BY ANY THIRD PARTY (INCLUDING ANY GOVERNMENTAL AUTHORITY) AGAINST
BORROWER, MORTGAGE BORROWER OR THE PROPERTY OR ANY PARTY OCCUPYING THE PROPERTY
RELATING TO ANY LOSS OR INJURY RESULTING FROM ANY HAZARDOUS SUBSTANCE, AND
(III) BORROWER'S DISCOVERY OF ANY OCCURRENCE OR CONDITION ON ANY REAL PROPERTY
ADJOINING OR IN THE VICINITY OF THE PROPERTY THAT COULD CAUSE THE PROPERTY TO BE
SUBJECT TO ANY INVESTIGATION OR CLEANUP PURSUANT TO ANY ENVIRONMENTAL LAW.
UPON
BECOMING AWARE OF THE PRESENCE OF MOLD OR FUNGUS AT THE PROPERTY, BORROWER
SHALL, OR SHALL CAUSE MORTGAGE BORROWER TO (I) UNDERTAKE AN INVESTIGATION TO
IDENTIFY THE SOURCE(S) OF SUCH MOLD OR FUNGUS AND SHALL DEVELOP AND IMPLEMENT AN
APPROPRIATE REMEDIATION PLAN TO ELIMINATE THE PRESENCE OF ANY TOXIC MOLD, (II)
PERFORM OR CAUSE TO BE PERFORMED ALL ACTS REASONABLY NECESSARY FOR THE
REMEDIATION OF ANY TOXIC MOLD (INCLUDING TAKING ANY ACTION NECESSARY TO CLEAN
AND DISINFECT ANY PORTIONS OF THE PROPERTY AFFECTED BY TOXIC MOLD, INCLUDING
PROVIDING ANY NECESSARY MOISTURE CONTROL SYSTEMS AT THE PROPERTY), AND (III)
PROVIDE EVIDENCE REASONABLY SATISFACTORY TO LENDER OF THE FOREGOING.
BORROWER
SHALL, OR SHALL CAUSE MORTGAGE BORROWER TO, PERMIT LENDER TO JOIN AND
PARTICIPATE IN, AS A PARTY IF IT SO ELECTS, ANY LEGAL OR ADMINISTRATIVE
PROCEEDINGS OR OTHER ACTIONS INITIATED WITH RESPECT TO THE PROPERTY IN
CONNECTION WITH ANY ENVIRONMENTAL LAW OR HAZARDOUS SUBSTANCE, AND BORROWER
SHALL, OR SHALL CAUSE MORTGAGE BORROWER TO, PAY ALL REASONABLE ATTORNEYS' FEES
AND DISBURSEMENTS INCURRED BY LENDER IN CONNECTION THEREWITH.
(B)
UPON LENDER'S REQUEST, AT ANY TIME AND FROM TIME TO TIME, BORROWER
SHALL, OR SHALL CAUSE MORTGAGE BORROWER TO, PROVIDE AN INSPECTION OR AUDIT OF
THE PROPERTY PREPARED BY A LICENSED HYDROGEOLOGIST, LICENSED ENVIRONMENTAL
ENGINEER OR QUALIFIED ENVIRONMENTAL
46
CONSULTING FIRM APPROVED BY LENDER ASSESSING THE PRESENCE OR ABSENCE OF
HAZARDOUS SUBSTANCES ON, IN OR NEAR THE PROPERTY, AND IF LENDER IN ITS GOOD
FAITH JUDGMENT DETERMINES THAT REASONABLE CAUSE EXISTS FOR THE PERFORMANCE OF
SUCH ENVIRONMENTAL INSPECTION OR AUDIT, THEN THE COST AND EXPENSE OF SUCH AUDIT
OR INSPECTION SHALL BE PAID BY BORROWER OR MORTGAGE BORROWER.
SUCH INSPECTIONS
AND AUDIT MAY INCLUDE SOIL BORINGS AND GROUND WATER MONITORING.
IF BORROWER
FAILS TO PROVIDE, OR FAILS TO CAUSE MORTGAGE BORROWER TO PROVIDE, ANY SUCH
INSPECTION OR AUDIT WITHIN 30 DAYS AFTER SUCH REQUEST, LENDER MAY ORDER SAME,
AND BORROWER HEREBY GRANTS TO LENDER AND ITS EMPLOYEES AND AGENTS ACCESS TO THE
PROPERTY AND A LICENSE TO UNDERTAKE SUCH INSPECTION OR AUDIT.
(C)
IF ANY ENVIRONMENTAL SITE ASSESSMENT REPORT PREPARED IN CONNECTION
WITH SUCH INSPECTION OR AUDIT RECOMMENDS THAT AN OPERATIONS AND MAINTENANCE PLAN