Common use of Environmental Compliance and Reports Clause in Contracts

Environmental Compliance and Reports. Borrowers shall, and shall cause their Subsidiaries to, comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on any Borrower’s or any Subsidiary’s part or on the part of any third party, on property owned or occupied by any Borrower or any Subsidiary, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and is in compliance with the conditions of a permit issued by the appropriate federal, state or local Governmental Authorities; shall furnish to Bank promptly and in any event within 30 days after the receipt thereof a copy of any notice, summons, lien, citation, directive, or letter or other communication from any Governmental Authority concerning any intentional or unintentional action or omission on the part of any Borrower or any of their Subsidiaries in connection with any environmental activity whether or not there is damage to the environment or other natural resources. Borrowers authorize Bank and its agents to enter upon the Collateral to make such inspections and tests as Bank may deem appropriate to determine compliance of the Collateral with this Section. Any inspections or tests made by Bank shall be at Borrowers’ expense and for Bank’s purposes only and shall not be construed to create any responsibility or liability on the part of Bank to Borrowers or to any other person. The representations and warranties contained herein are based on Borrowers’ due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrowers hereby (a) release and waive any future claims against Bank for indemnity or contribution in the event Borrowers become liable for cleanup or other costs under any such laws and (b) agree to indemnify, defend and hold harmless Bank against any and all claims, losses, liabilities, damages, penalties and expenses which Bank may directly or indirectly sustain or suffer resulting from a breach of this Section or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the Collateral. The provisions of this Section, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the termination, expiration or satisfaction of this Agreement and shall not be affected by Bank’s acquisition of any interest in any of the Collateral, whether by foreclosure or otherwise.

Environmental Compliance and Reports. Borrowers shall, and Borrower shall cause their Subsidiaries to, comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional Intentional or unintentional action or omission on any Borrower’s or any Subsidiary’s 's part or on the part of any third party, on property owned or and/or occupied by any Borrower or any SubsidiaryBorrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and is in compliance with the conditions of a permit issued by the appropriate federal, state or local Governmental Authoritiesgovernmental authorities; shall furnish to Bank Lender promptly and in any event within 30 thirty (30) days after the receipt thereof a copy of any notice, summons, lien, citation, directive, or letter or other communication from any Governmental Authority governmental agency or instrumentality concerning any intentional or unintentional action or omission on the Borrower's part of any Borrower or any of their Subsidiaries in connection with any environmental activity whether or not there is damage to the environment or and/or other natural resources. Borrowers authorize Bank Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages. deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its agents attorneys may reasonably request to enter upon evidence and secure the Loans and to perfect all Security interests. Loan No: 6001 (Continued) XXXXXX'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx's interest in the Collateral or if Borrower falls to make such inspections and tests as Bank comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may deem appropriate to determine compliance of the Collateral with this Section. Any inspections or tests made by Bank shall be at Borrowers’ expense and for Bank’s purposes only and (but shall not be construed obligated to) take any action that Lender deems appropriate, including but not limited to create any responsibility discharging or liability on the part of Bank to Borrowers or to any paying all taxes, liens, security interests, encumbrances and other person. The representations and warranties contained herein are based on Borrowers’ due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrowers hereby (a) release and waive any future claims against Bank for indemnity or contribution in the event Borrowers become liable for cleanup or other costs under any such laws and (b) agree to indemnify, defend and hold harmless Bank against any and all claims, lossesat any time levied or placed on any Collateral and paying all costs for insuring, liabilities, damages, penalties maintaining and expenses which Bank may directly or indirectly sustain or suffer resulting from a breach of this Section or as a consequence of preserving any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the Collateral. The provisions All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of this Section, including the obligation to indemnify and defend, shall survive the payment repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at Xxxxxx's option, will (A) be payable on demand; (B) he added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the termination, expiration or satisfaction of this Agreement and shall not be affected by Bank’s acquisition term of any interest in any applicable insurance policy; or (2) the remaining term of the Collateral, whether by foreclosure Note; or otherwise(C) be treated as a balloon payment which will be due and payable at the Note's maturity.

Environmental Compliance and Reports. Borrowers shall, and Borrower shall cause their Subsidiaries to, comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on any Borrower’s or any Subsidiary’s part or on the part of any third party, on property owned or and/or occupied by any Borrower or any SubsidiaryBorrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and is in compliance with the conditions of a permit issued by the appropriate federal, state or local Governmental Authoritiesgovernmental authorities; shall furnish to Bank Lender promptly and in any event within 30 thirty (30) days after the receipt thereof a copy of any notice, summons, lien, citation, directive, or letter or other communication from any Governmental Authority governmental agency or instrumentality concerning any intentional or unintentional action or omission on the Borrower’s part of any Borrower or any of their Subsidiaries in connection with any environmental activity whether or not there is damage to the environment or and/or other natural resources. Borrowers authorize Bank Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its agents attorneys may reasonably request to enter upon evidence and secure the Collateral Loans and to perfect all Security Interests. RECOVERY OF ADDITIONAL COSTS. If the imposition of or any change in any law, rule, regulation or guideline, or the interpretation orapplication of any thereof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or make such inspections and tests as Bank may deem appropriate to determine compliance of the Collateral with this Section. Any inspections applicable any taxes (except federal, state or tests made by Bank shall be at Borrowers’ expense and for Bank’s purposes only and shall not be construed to create any responsibility local income or liability franchise taxes imposed on the part of Bank to Borrowers or to any other person. The representations and warranties contained herein are based on Borrowers’ due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrowers hereby (a) release and waive any future claims against Bank for indemnity or contribution in the event Borrowers become liable for cleanup Lender), reserve requirements, capital adequacy requirements or other costs obligations which would (A) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement relates, (B) reduce the amounts payable to Lender under any such laws and this Agreement or the Related Documents, or (bC) agree to indemnify, defend and hold harmless Bank against any and all claims, losses, liabilities, damages, penalties and expenses which Bank may directly or indirectly sustain or suffer resulting from a breach reduce the rate of this Section or return on Lender’s capital as a consequence of any useLender’s obligations with respect to the credit facilities to which this Agreement relates, generationthen Borrower agrees to pay Lender such additional amounts as will compensate Lender therefor, manufacturewithin five (5) days after Xxxxxx’s written demand for such payment, storage, disposal, release which demand shall be accompanied by an explanation of such imposition or threatened release of charge and a hazardous waste or substance on the Collateral. The provisions of this Section, including the obligation to indemnify and defend, shall survive the payment calculation in reasonable detail of the Indebtedness additional amounts payable by Borrower, which explanation and calculations shall be conclusive in the termination, expiration or satisfaction absence of this Agreement and shall not be affected by Bank’s acquisition of any interest in any of the Collateral, whether by foreclosure or otherwisemanifest error.

Environmental Compliance and Reports. Borrowers shall, and Borrower shall cause their Subsidiaries to, comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on any Borrower’s or any Subsidiary’s 's part or on the part of any third party, on property owned or and/or occupied by any Borrower or any SubsidiaryBorrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and is in compliance with the conditions of a permit issued by the appropriate federal, state or local Governmental Authoritiesgovernmental authorities; shall furnish to Bank Lender promptly and in any event within 30 thirty (30) days after the receipt thereof a copy of any notice, summons, lien, citation, directive, or letter or other communication from any Governmental Authority governmental agency or instrumentality concerning any intentional or unintentional action or omission on the Borrower's part of any Borrower or any of their Subsidiaries in connection with any environmental activity whether or not there is damage to the environment or and/or other natural resources. Borrowers authorize Bank Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its agents attorneys may reasonably request to enter upon evidence and secure the Loans and to perfect all Security Interests. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Borrower fails to make such inspections and tests as Bank comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may deem appropriate to determine compliance of the Collateral with this Section. Any inspections or tests made by Bank shall be at Borrowers’ expense and for Bank’s purposes only and (but shall not be construed obligated to) take any action that Lender deems appropriate, including but not limited to create any responsibility discharging or liability on the part of Bank to Borrowers or to any paying all taxes, liens, security interests, encumbrances and other person. The representations and warranties contained herein are based on Borrowers’ due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrowers hereby (a) release and waive any future claims against Bank for indemnity or contribution in the event Borrowers become liable for cleanup or other costs under any such laws and (b) agree to indemnify, defend and hold harmless Bank against any and all claims, lossesat any time levied or placed on any Collateral and paying all costs for insuring, liabilities, damages, penalties maintaining and expenses which Bank may directly or indirectly sustain or suffer resulting from a breach of this Section or as a consequence of preserving any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the Collateral. The provisions All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of this Section, including the obligation to indemnify and defend, shall survive the payment repayment by Borrower. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the termination, expiration or satisfaction of this Agreement and shall not be affected by Bank’s acquisition term of any interest in any applicable insurance policy; or (2) the remaining term of the Collateral, whether by foreclosure Note; or otherwise.(C) be treated as

Environmental Compliance and Reports. Borrowers shall, and Borrower shall cause their Subsidiaries to, comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on any Borrower’s or any Subsidiary’s part or on the part of any third party, on property owned or and/or occupied by any Borrower or any SubsidiaryBorrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and is in compliance with the conditions of a permit issued by the appropriate federal, state or local Governmental Authoritiesgovernmental authorities; shall furnish to Bank Lender promptly and in any event within 30 thirty (30) days after the receipt thereof a copy of any notice, summons, lien, citation, directive, or letter or other communication from any Governmental Authority governmental agency or instrumentality concerning any intentional or unintentional action or omission on the Borrower’s part of any Borrower or any of their Subsidiaries in connection with any environmental activity whether or not there is damage to the environment or and/or other natural resources. Borrowers authorize Bank Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its agents attorneys may reasonably request to enter upon evidence and secure the Loans and to perfect all Security Interests. LXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lxxxxx’s interest in the Collateral or if Borrower fails to make such inspections and tests as Bank comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower’s failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower’s behalf may deem appropriate to determine compliance of the Collateral with this Section. Any inspections or tests made by Bank shall be at Borrowers’ expense and for Bank’s purposes only and (but shall not be construed obligated to) take any action that Lender deems appropriate, including but not limited to create any responsibility discharging or liability on the part of Bank to Borrowers or to any paying all taxes, liens, security interests, encumbrances and other person. The representations and warranties contained herein are based on Borrowers’ due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrowers hereby (a) release and waive any future claims against Bank for indemnity or contribution in the event Borrowers become liable for cleanup or other costs under any such laws and (b) agree to indemnify, defend and hold harmless Bank against any and all claims, lossesat any time levied or placed on any Collateral and paying all costs for insuring, liabilities, damages, penalties maintaining and expenses which Bank may directly or indirectly sustain or suffer resulting from a breach of this Section or as a consequence of preserving any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the Collateral. The provisions All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of this Section, including the obligation to indemnify and defend, shall survive the payment repayment by Bxxxxxxx. All such expenses will become a part of the Indebtedness and, at Lender’s option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the termination, expiration or satisfaction of this Agreement and shall not be affected by Bank’s acquisition term of any interest in any applicable insurance policy; or (2) the remaining term of the Collateral, whether by foreclosure Note; or otherwise(C) be treated as a balloon payment which will be due and payable at the Note’s maturity.

Environmental Compliance and Reports. Borrowers shall, and Borrower shall cause their Subsidiaries to, comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on any Borrower’s or any Subsidiary’s part or on the part of any third party, on property owned or and/or occupied by any Borrower or any SubsidiaryBorrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and is in compliance with the conditions of a permit issued by the appropriate federal, state or local Governmental Authoritiesgovernmental authorities; shall furnish to Bank Lender promptly and in any event within 30 thirty (30) days after the receipt thereof a copy of any notice, summons, lien, citation, directive, or letter or other communication from any Governmental Authority concerning governmental agency or instrumentality conceming, any intentional or unintentional action or omission on the Borrower’s part of any Borrower or any of their Subsidiaries in connection with any environmental activity whether or not there is damage to the environment or and/or other natural resources. Borrowers authorize Bank Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its agents attorneys may reasonably request to enter upon evidence and secure the Loans and to perfect all Security interests. XXXXXX’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Xxxxxx’s interest in the Collateral or if Borrower fails to make such inspections and tests as Bank comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower’s failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower’s behalf may deem appropriate to determine compliance of the Collateral with this Section. Any inspections or tests made by Bank shall be at Borrowers’ expense and for Bank’s purposes only and (but shall not be construed obligated to) take any action that Lender deems appropriate, including but not limited to create any responsibility discharging or liability on the part of Bank to Borrowers or to any paying all taxes, liens, security interests, encumbrances and other person. The representations and warranties contained herein are based on Borrowers’ due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrowers hereby (a) release and waive any future claims against Bank for indemnity or contribution in the event Borrowers become liable for cleanup or other costs under any such laws and (b) agree to indemnify, defend and hold harmless Bank against any and all claims, lossesat any time levied or placed on any Collateral and paying all costs for insuring, liabilities, damages, penalties maintaining and expenses which Bank may directly or indirectly sustain or suffer resulting from a breach of this Section or as a consequence of preserving any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the Collateral. The provisions All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note, or the maximum rate permitted by law, whichever is less, from the date incurred or paid by Lender to the date of this Section, including the obligation to indemnify and defend, shall survive the payment repayment by Xxxxxxxx. All such expenses will become a part of the Indebtedness and, at Lender’s option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the termination, expiration term of any applicable insurance policy; or satisfaction (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note’s maturity. NEGATIVE COVENANTS. Borrower covenants and agrees with Lender that while this Agreement and is in effect, Borrower shall not be affected by Bank’s acquisition not, without the prior written consent of any interest in any of the Collateral, whether by foreclosure or otherwise.Lender:

Environmental Compliance and Reports. Borrowers shall, and Borrower shall cause their Subsidiaries to, comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on any Borrower’s or any Subsidiary’s part or on the part of any third party, on property owned or and/or occupied by any Borrower or any SubsidiaryBorrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and is in compliance with the conditions of a permit issued by the appropriate federal, state or local Governmental Authoritiesgovernmental authorities; shall furnish to Bank Lender promptly and in any event within 30 thirty (30) days after the receipt thereof a copy of any notice, summons, lien, citation, directive, or letter or other communication from any Governmental Authority governmental agency or instrumentality concerning any intentional or unintentional action or omission on the Borrower’s part of any Borrower or any of their Subsidiaries in connection with any environmental activity whether or not there is damage to the environment or and/or other natural resources. Borrowers authorize Bank Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its agents attorney may reasonably request to enter upon evidence and secure the Loan and to perfect all Security interests. LENDER’S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender’s interest in the Collateral or if Borrower fails to make such inspections and tests as Bank comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower’s failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower’s behalf may deem appropriate to determine compliance of the Collateral with this Section. Any inspections or tests made by Bank shall be at Borrowers’ expense and for Bank’s purposes only and (but shall not be construed obligated to) take any action that Lender deems appropriate, including but not limited to create discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any responsibility time levied or liability placed on any Collateral and paying all costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Borrower. All such expenses will become a part of Bank the indebtedness and, at Lender’s option, will (A) be payable on demand; (B) be added to Borrowers the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or to any other person. The representations and warranties contained herein are based on Borrowers’ due diligence in investigating (2) the Collateral for hazardous waste and Hazardous Substances. Borrowers hereby remaining term of the Note; or (aC) release and waive any future claims against Bank for indemnity or contribution in the event Borrowers become liable for cleanup or other costs under any such laws and (b) agree to indemnify, defend and hold harmless Bank against any and all claims, losses, liabilities, damages, penalties and expenses which Bank may directly or indirectly sustain or suffer resulting from a breach of this Section or be treated as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on balloon payment which will be due and payable at the CollateralNote’s maturity. The provisions of this Section, including the obligation to indemnify NEGATIVE COVENANTS. Borrower covenants and defend, shall survive the payment of the Indebtedness and the termination, expiration or satisfaction of agrees with Lender that while this Agreement and is in effect, Borrower shall not be affected by Bank’s acquisition not, without the prior written consent of any interest in any of the Collateral, whether by foreclosure or otherwise.Lender: