files and records of Indemnitor, including but not limited to any reports
relating to Hazardous Materials in, on, under or from the Premises and/or to the
environmental condition of the Premises.
2.2
ENVIRONMENTAL
COVENANTS.
INDEMNITOR COVENANTS AND AGREES THAT
FOR SO LONG AS THE LOAN IS OUTSTANDING, OR, IF EARLIER, UNTIL SUCH TIME AS
LENDER OR ANY OTHER PERSON TAKES TITLE TO, OR POSSESSION OR CONTROL OF, THE
PROPERTY BY FORECLOSURE, DEED-IN-LIEU OF FORECLOSURE, A PROCEEDING IN BANKRUPTCY
OR ANY OTHER MEANS:
(A) ALL USES AND OPERATIONS ON OR OF THE PREMISES BY
INDEMNITOR SHALL BE IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS AND PERMITS ISSUED
PURSUANT THERETO AND INDEMNITOR SHALL USE ALL COMMERCIALLY REASONABLE EFFORTS TO
CAUSE ALL OTHER PERSONS TO COMPLY IN THEIR USES AND OPERATIONS AT THE PREMISES
WITH ALL ENVIRONMENTAL LAWS; (B) INDEMNITOR SHALL NOT CAUSE OR PERMIT ANY
RELEASES OF HAZARDOUS MATERIALS IN, ON, UNDER OR FROM THE PREMISES; (C) EXCEPT
FOR THOSE SET FORTH IN THE ENVIRONMENTAL REPORT, INDEMNITOR SHALL NOT USE OR
PERMIT THE USE OF AND SHALL CAUSE THE PREMISES TO BE FREE OF HAZARDOUS MATERIALS
IN, ON, OR UNDER THE PREMISES, EXCEPT THOSE THAT ARE IN COMPLIANCE WITH ALL
ENVIRONMENTAL LAWS AND WITH PERMITS ISSUED PURSUANT THERETO AND EXCEPT FOR
NEGLIGIBLE AMOUNTS USED IN THE ORDINARY COURSE OF BUSINESS; (D)
SUBJECT TO
INDEMNITOR'S RIGHT TO CONTEST IN ACCORDANCE WITH SECTION 7.3 OF THE LOAN
AGREEMENT, INDEMNITOR SHALL KEEP THE PREMISES FREE AND CLEAR OF ALL LIENS AND
OTHER ENCUMBRANCES IMPOSED PURSUANT TO ANY ENVIRONMENTAL LAW, WHETHER DUE TO ANY
ACT OR OMISSION OF INDEMNITOR OR ANY OTHER PERSON (THE "ENVIRONMENTAL LIENS");
(E) INDEMNITOR SHALL, AT ITS SOLE COST AND EXPENSE, FULLY AND EXPEDITIOUSLY
COOPERATE IN ALL ACTIVITIES PURSUANT TO SECTION 2.3 HEREIN, INCLUDING, BUT NOT
LIMITED TO, PROVIDING ALL RELEVANT INFORMATION AND MAKING KNOWLEDGEABLE PERSONS
AVAILABLE FOR INTERVIEWS WITH ENVIRONMENTAL CONSULTANTS TO THE EXTENT REASONABLY
AVAILABLE; (F) INDEMNITOR SHALL, AT ITS SOLE COST AND EXPENSE, PERFORM ANY
ENVIRONMENTAL SITE ASSESSMENT OR OTHER INVESTIGATION OF ENVIRONMENTAL CONDITIONS
IN CONNECTION WITH THE PREMISES, PURSUANT TO ANY REASONABLE WRITTEN REQUEST OF
INDEMNITEE MADE IN CONSIDERATION OF ANY ENVIRONMENTAL EVENT OR CONDITION
REASONABLY BELIEVED TO HAVE OCCURRED OR EXIST AT THE PREMISES (SUCH ASSESSMENT
OR INVESTIGATION TO BE IN SCOPE AND NATURE APPROPRIATE TO THE SUSPECTED EVENT OR
CONDITION), SHARE WITH INDEMNITEE THE REPORTS AND OTHER RESULTS THEREOF, AND
INDEMNITEE AND THE OTHER INDEMNIFIED PARTIES SHALL BE ENTITLED TO RELY ON SUCH
REPORTS AND OTHER RESULTS THEREOF; (G) INDEMNITOR SHALL, AT ITS SOLE COST AND
EXPENSE, COMPLY WITH ALL REASONABLE WRITTEN REQUESTS OF INDEMNITEE TO
(I) EFFECTUATE REMEDIATION OF ANY CONDITION (INCLUDING BUT NOT LIMITED TO A
RELEASE OF A HAZARDOUS MATERIAL) IN, ON, UNDER OR FROM THE PREMISES REQUIRED BY
ANY ENVIRONMENTAL LAW; (II) SUBJECT TO INDEMNITOR'S RIGHT TO CONTEST UNDER
SECTION 7.3 OF THE LOAN AGREEMENT, COMPLY WITH ANY DIRECTIVE FROM ANY
GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER THE PREMISES REQUIRING ANY
ACTION RELATING TO ANY ENVIRONMENTAL CONDITION IN, ON, UNDER OR ORIGINATING FROM
THE