LAWS, STATUTES, ORDINANCES, RULES
AND REGULATIONS, AS WELL AS COMMON LAW, RELATING TO PROTECTION OF HUMAN HEALTH
OR THE ENVIRONMENT, RELATING TO HAZARDOUS SUBSTANCES, OR RELATING TO LIABILITY
FOR OR COSTS OF OTHER ACTUAL OR THREATENED DANGER TO HUMAN HEALTH OR THE
ENVIRONMENT.
THE TERM "ENVIRONMENTAL LAW" INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING STATUTES, AS AMENDED, ANY SUCCESSOR THERETO, AND ANY REGULATIONS
PROMULGATED PURSUANT THERETO, AND ANY STATE OR LOCAL STATUTES, ORDINANCES, RULES
AND REGULATIONS ADDRESSING SIMILAR ISSUES: THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION, AND LIABILITY ACT; THE EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT; THE HAZARDOUS SUBSTANCES TRANSPORTATION ACT; THE RESOURCE
CONSERVATION AND RECOVERY ACT (INCLUDING BUT NOT LIMITED TO SUBTITLE I RELATING
TO UNDERGROUND STORAGE TANKS); THE SOLID WASTE DISPOSAL ACT; THE CLEAN WATER
ACT; THE CLEAN AIR ACT; THE TOXIC SUBSTANCES CONTROL ACT; THE SAFE DRINKING
WATER ACT; THE OCCUPATIONAL SAFETY AND HEALTH ACT; THE FEDERAL WATER POLLUTION
CONTROL ACT; THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT; THE
ENDANGERED SPECIES ACT; THE NATIONAL ENVIRONMENTAL POLICY ACT; AND THE RIVER AND
HARBORS APPROPRIATION ACT.
THE TERM "ENVIRONMENTAL LAW" ALSO INCLUDES, BUT IS
NOT LIMITED TO, ANY PRESENT AND FUTURE FEDERAL, STATE AND LOCAL LAWS, STATUTES
ORDINANCES, RULES AND REGULATIONS, AS WELL AS COMMON LAW REQUIRING NOTIFICATION
OR DISCLOSURE OF RELEASES OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL
CONDITION OF THE PROPERTY TO ANY GOVERNMENTAL AUTHORITY OR OTHER PERSON, WHETHER
OR NOT IN CONNECTION WITH TRANSFER OF TITLE TO OR INTEREST IN PROPERTY; AND
IMPOSING CONDITIONS OR REQUIREMENTS IN CONNECTION WITH PERMITS OR OTHER
AUTHORIZATION FOR LAWFUL ACTIVITY.
The term "Hazardous Substances" includes but is not limited to any and all
substances (whether solid, liquid or gas) defined, listed, or otherwise
classified as pollutants, hazardous wastes, hazardous substances, hazardous
materials, extremely hazardous wastes, or words of similar meaning or regulatory
effect under any present or future Environmental Laws or that may have a
negative impact on human health or the environment, including but not limited to
Microbial Matter, petroleum and petroleum products, asbestos and
asbestos-containing materials, polychlorinated biphenyls, lead, radon,
radioactive materials, flammables and explosives, but excluding substances of
kinds and in amounts ordinarily and customarily used or stored in similar
properties for the purposes of cleaning or other maintenance operations or
repair and otherwise in compliance with all Environmental Laws.
The term "Indemnified Parties" includes Administrative Agent, each Lender, any
Person who is or will have been involved in the origination of the Loan, any
Person in whose name the encumbrance created by the Security Instrument is or
will have been recorded, Persons who may hold or acquire or will have held a
full or partial interest in the Loan (including, but not limited to, investors
or prospective investors in the Loan, as well as, custodians, trustees and other
fiduciaries who hold or have held a full or partial interest in the Loan for the
benefit of third parties) as well as the respective directors, officers,
shareholders, partners, employees, agents, servants, representatives,
contractors, subcontractors, affiliates, subsidiaries, participants, successors
and