THE
WITHDRAWAL OR USE OF GROUNDWATER, TO THE USE AND HANDLING OF POLYCHLORINATED
BIPHENYLS OR ASBESTOS, TO THE DISPOSAL, TREATMENT, STORAGE OR MANAGEMENT OF
HAZARDOUS OR SOLID WASTE, OR HAZARDOUS SUBSTANCES OR CRUDE OIL, OR ANY FRACTION
THEREOF, OR TO EXPOSURE TO TOXIC OR HAZARDOUS MATERIALS TO THE HANDLING,
TRANSPORTATION, DISCHARGE OR RELEASE OF GASEOUS OR LIQUID HAZARDOUS SUBSTANCES
AND ANY REGULATION, ORDER, NOTICE OR DEMAND ISSUED PURSUANT TO SUCH LAW, STATUTE
OR ORDINANCE, IN EACH CASE APPLICABLE TO THE PROPERTY OF THE BORROWER
22
OR ITS AFFILIATES, IF ANY, INCLUDING WITHOUT LIMITATION THE FOLLOWING:
THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, THE SOLID
WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT OF
1976 AND THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984, THE HAZARDOUS
MATERIALS TRANSPORTATION ACT, AS AMENDED, THE FEDERAL WATER POLLUTION CONTROL
ACT, AS AMENDED BY THE CLEAN WATER ACT OF 1976, THE SAFE DRINKING WATER ACT, THE
CLEAN AIR ACT, AS AMENDED, THE TOXIC SUBSTANCES CONTROL ACT OF 1976, THE
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1977, AS AMENDED, THE EMERGENCY PLANNING
AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986, THE NATIONAL ENVIRONMENTAL POLICY ACT
OF 1975, THE OIL POLLUTION ACT OF 1990, AND ANY SIMILAR OR IMPLEMENTING STATE
LAW, AND ANY STATE STATUTE AND ANY FURTHER AMENDMENTS TO THESE LAWS PROVIDING
FOR FINANCIAL RESPONSIBILITY FOR CLEANUP OR OTHER ACTIONS WITH RESPECT TO THE
RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES OR CRUDE OIL, OR ANY
FRACTION THEREOF AND ALL RULES AND REGULATIONS PROMULGATED THEREUNDER.
8.2
COVENANTS OF BORROWER.
BORROWER HEREBY
COVENANTS TO LENDER THAT BORROWER SHALL (A) COMPLY AND SHALL CAUSE ALL OCCUPANTS
OF THE PREMISES TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS, RULES,
REGULATIONS AND ORDERS WITH RESPECT TO THE DISCHARGE, GENERATION, REMOVAL,
TRANSPORTATION, STORAGE AND HANDLING OF HAZARDOUS SUBSTANCES; (B) REMOVE ANY
HAZARDOUS SUBSTANCES RELEASED INTO THE ENVIRONMENT IMMEDIATELY UPON DISCOVERY OF
SAME, IN ACCORDANCE WITH APPLICABLE LAWS, ORDINANCES AND ORDERS OF GOVERNMENTAL
AUTHORITIES HAVING JURISDICTION THEREOF; (C) PAY OR CAUSE TO BE PAID ALL COSTS
ASSOCIATED WITH SUCH REMOVAL; (D) PREVENT THE MIGRATION OF HAZARDOUS SUBSTANCES
FROM OR THROUGH THE PREMISES ONTO OR UNDER OTHER PROPERTIES; (E) KEEP THE
PREMISES FREE OF ANY LIEN IMPOSED PURSUANT TO ANY STATE OR FEDERAL LAW, RULE,
REGULATION OR ORDER IN CONNECTION WITH THE EXISTENCE OF HAZARDOUS SUBSTANCES ON
THE PREMISES; (F) NOT INSTALL OR PERMIT TO BE INCORPORATED INTO ANY IMPROVEMENTS
IN THE PREMISES OR TO EXIST IN OR ON THE PREMISES ANY ASBESTOS,
ASBESTOS-CONTAINING MATERIALS, AREA FORMALDEHYDE INSULATION OR ANY OTHER
CHEMICAL OR SUBSTANCE WHICH HAS BEEN DETERMINED TO BE A HAZARD TO HEALTH AND
ENVIRONMENT; (G) NOT CAUSE OR PERMIT TO EXIST, AS A RESULT OF AN INTENTIONAL OR
UNINTENTIONAL ACT OR OMISSION ON THE PART OF BORROWER OR ANY OCCUPANT OF THE
PREMISES, A RELEASING, SPILLING, LEAKING, PUMPING, EMITTING, POURING, EMPTYING
OR DUMPING OF ANY HAZARDOUS SUBSTANCES ONTO THE PREMISES OR INTO WATER