OR OTHER
LANDS; AND (H) GIVE ALL NOTIFICATIONS AND PREPARE ALL REPORTS REQUIRED BY
ENVIRONMENTAL LAWS OR ANY OTHER LAW WITH RESPECT TO HAZARDOUS SUBSTANCES
EXISTING ON, RELEASED FROM OR EMITTED FROM THE PREMISES.
8.3
REPRESENTATIONS OF BORROWER.
THE BORROWER
REPRESENTS THAT (I) THE PREMISES HAS BEEN AND IS FREE FROM CONTAMINATION BY
HAZARDOUS SUBSTANCES BUT INCLUDING NEITHER (A) IMMATERIAL QUANTITIES OF
AUTOMOTIVE MOTOR OIL LEAKED INADVERTENTLY FROM VEHICLES IN THE ORDINARY COURSE
OF THE OPERATION OF THE PREMISES AND CLEANED UP IN ACCORDANCE WITH REASONABLE
PROPERTY MANAGEMENT PROCEDURES AND ANY APPLICABLE LAW NOR (B) IMMATERIAL
QUANTITIES OF SUBSTANCES CUSTOMARILY AND PRUDENTLY USED IN THE CLEANING AND
MAINTENANCE OF THE PREMISES IN ACCORDANCE WITH ANY APPLICABLE LAW, (II) NO
RELEASE OF ANY SUCH HAZARDOUS SUBSTANCE HAS OCCURRED ON OR ABOUT THE PREMISES,
(III) THAT THE PREMISES CURRENTLY COMPLIES, AND WILL COMPLY BASED ON ITS
ANTICIPATED USE, WITH ALL CURRENT ENVIRONMENTAL LAWS, (IV) THAT, IN CONNECTION
WITH THE OPERATION AND USE OF THE PREMISES, ALL NECESSARY NOTICES HAVE BEEN
FILED AND ALL REQUIRED PERMITS, LICENSES
23
AND OTHER AUTHORIZATIONS HAVE BEEN OBTAINED, INCLUDING THOSE RELATING TO THE
GENERATION, TREATMENT, STORAGE, DISPOSAL OR USE OF HAZARDOUS SUBSTANCES,
(V) THAT THERE IS NO PRESENT, PAST OR THREATENED INVESTIGATION, INQUIRY OR
PROCEEDING RELATING TO THE ENVIRONMENTAL CONDITION OF, OR TO EVENTS ON OR ABOUT,
THE PREMISES, AND (VI) THERE ARE NO UNDERGROUND STORAGE TANKS CURRENTLY EXISTING
AND TO THE EXTENT SUCH UNDERGROUND STORAGE TANKS ARE EXISTING THEY ARE
REGISTERED UNDER THE REQUIRED ENVIRONMENTAL LAWS AND DO NOT CONTAIN ANY
LEAKAGES, AND (VII) BORROWER HAS NOT RECEIVED ANY SUMMONS, CITATION, DIRECTIVE,
LETTER OR OTHER COMMUNICATION, WRITTEN OR ORAL, FROM ANY LOCAL, STATE OR FEDERAL
GOVERNMENTAL AGENCY CONCERNING (A) THE EXISTENCE OF HAZARDOUS SUBSTANCES ON THE
PREMISES OR IN THE IMMEDIATE VICINITY, (B) THE RELEASING, SPILLING, LEAKING,
PUMPING, POURING, EMITTING, EMPTYING, OR DUMPING OF HAZARDOUS SUBSTANCES ONTO
THE PREMISES OR INTO WATER OR OTHER LANDS OR (C) VIOLATION OF ENVIRONMENTAL
LAWS.
8.4
ENVIRONMENTAL INDEMNIFICATION, THE BORROWER
INDEMNIFIES AND HOLDS HARMLESS THE LENDER, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, SUCCESSORS AND ASSIGNS
("INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES
(INCLUDING WITHOUT LIMITATION STRICT LIABILITY), SUITS, OBLIGATIONS, FINES,
DAMAGES, JUDGMENTS, INJURIES, ADMINISTRATIVE ORDERS, CONSENT AGREEMENTS AND
ORDERS, PENALTIES, ACTIONS, CAUSES OF ACTION, CHARGES, COSTS AND EXPENSES,
INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND CONSULTANTS' FEES (I) ARISING
OUT OF THE INCLUSION IN THE PREMISES OF HAZARDOUS SUBSTANCES OR THE PRESENCE ON,
THE RELEASE FROM, THE GENERATION, MANUFACTURE, REFINING, TREATMENT, STORAGE,
HANDLING OR DISPOSAL ON, IN OR FROM THE PREMISES OF ANY HAZARDOUS SUBSTANCES, OR
ANY UNDERGROUND OR ABOVE GROUND STORAGE TANKS CONTAINING HAZARDOUS SUBSTANCES
AND THE COST OF REMOVAL AND REMEDIATION OF THE FOREGOING, OR (II) ARISING OUT OF
THE TRANSPORTATION, DISCHARGE OR REMOVAL FROM THE PREMISES OF ANY HAZARDOUS
SUBSTANCE, OR (III) ARISING OUT OF THE INCLUSION IN ANY PRODUCT MANUFACTURED ON
THE PREMISES OF A HAZARDOUS SUBSTANCE; OR (IV) ARISING OUT OF THE FAILURE TO
PERFORM THE REMOVAL OR