Common use of Location and Use Clause in Contracts

Location and Use. Lessee agrees that the Unit will be used solely in the conduct of its business and will at all times be and remain in the possession and control of Lessee at the location designated therefor in Exhibit A hereto, provided that Lessee may deliver possession of any part of portions of the Unit to the Manufacturer, or other subcontractor or agent, for purposes of realizing the benefits of any warranty or in order to comply with the obligations of Lessee under Section 8 hereof but the rights of any such party in possession of the Unit shall be subject and subordinate to the terms of this Lease, including without limitation the right of Lessor to take possession of the Unit pursuant to Section 15 hereof. In the event of any removal of any parts or portion of the Unit from the county in which it is located as designated in Exhibit A hereto, Lessee shall deliver to Lessor promptly after such removal and in any event within ten days thereafter the opinion of Lessee's counsel that such removal shall not impair or adversely affect the ownership of such parts or portion of the Unit by Lessor, that all necessary recording and filings (including financing statements and continuation statements under any applicable Uniform Commercial Code) have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture of Mortgage and that all fees, taxes and charges payable in connection therewith have been paid in full by Lessee. In no event shall the Unit or any part or portion thereof be removed to a location outside the continental United States without the prior written consent of Lessor. Lessee warrants that the Unit will at all times be used and operated under and in compliance with the laws of the Jurisdiction in which it may be operated, and in compliance with all lawful acts, rules, regulations and orders of any commissions, boards or other legislative, executive or Judicial bodies or officers having power to regulate or supervise the use of such property; provided, however, Lessee may in good faith contest in any reasonable manner the application of any such rule, regulation or order to the extent that such contest does not result in the forfeiture or sale of any Unit or adversely affect Lessor's title thereto. Lessee agrees that, without the prior written consent of Lessor and the Security Trustees, Lessee will not assign, transfer or sublease its rights under this Lease, or permit its rights or interest hereunder to be subject to any lien, charge or encumbrance other than the lien on Lessee's leasehold estate hereunder of the Mortgage and Deed of Trust dated January 15, 1937 (the "Mortgage") from Lessee to Irving Trust Company, as Trustee, as supplemented. No such Mortgage, lien, charge, encumbrance, assignment or sublease shall relieve Lessee of any of its obligations, liabilities or duties hereunder which shall be and remain those of a principal and not a guarantor.

Location and Use. (i) The Lessee agrees that the Unit Facility will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the location designated therefor in Exhibit A heretoSite, provided that the Lessee may deliver possession of any part of portions or portion of the Unit Facility to any manufacturer, contractor, supplier or mechanic designated by the Manufacturer, or other subcontractor or agent, Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8 hereof 8, but the rights of any such party in possession of such part or portion of the Unit Facility shall be subject and subordinate to the terms of this Lease, including without limitation limitation, the right of Lessor the Owner Trustee to take possession of the Unit Facility pursuant to Section 15 hereof15. In the event of that pursuant to the foregoing sentence hereof any removal of any parts part or portion of the Unit Facility having a value in excess of 1% of the then Casualty Value is removed from Linn County, Oregon, the county in which it is located as designated in Exhibit A heretoLessee shall give the Owner Trustee, Lessee the ClO2 Indenture Trustee and the Indenture Trustee not less than 30 days' prior written notice of such removal and shall deliver to Lessor the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee promptly after such removal removal, and in any event within ten 10 days thereafter thereafter, the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such parts part or portion of the Unit Facility by Lessorthe Owner Trustee, that all necessary recording recordings and filings (including financing statements and continuation statements under any applicable Uniform Commercial Code) Applicable Law have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of Mortgage the perfection of security interest thereof in the removed part or portion) and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. In no event The Lessee shall not change the Unit use of the Leased Property as a pulp mill without the Owner Trustee's prior written consent. The Lessee will not do or permit any act or thing that may impair the value of the Leased Property or any part thereof (provided that actions by the Lessee expressly required by Section 8 of this Lease shall not be deemed to impair the value of the Leased Property) or portion thereof be removed that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a location outside public or private nuisance or waste to the continental United States without Leased Property or any part thereof. The Lessee agrees that it will not use the prior written consent of Lessor. Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 herein. (ii) The Lessee warrants agrees that the Unit Leased Property will at all times be maintained, used and operated under and in compliance with the laws of the Jurisdiction in which it may be operated, and in compliance all material respects with all lawful acts, rules, regulations and orders of any commissions, boards or other legislative, executive or Judicial bodies or officers having power to regulate or supervise the use of such propertyApplicable Laws; provided, however, that the Lessee may in good faith contest in any reasonable manner the application of any such rule, regulation or order in good faith and by appropriate proceedings, but only so long as such proceedings do not involve any danger of criminal liability or a material danger of civil liability of the Owner Trustee, the Indenture Trustee, any holder of the ClO2 Notes, or any Participant, or a material danger of the sale, forfeiture or loss of the Leased Property, any portion thereof or any interest of the Owner Trustee, the Indenture Trustee, any holder of the ClO2 Notes, or any Participant therein. The Lessee and the Leased Property shall comply in all material respects with all applicable Environmental Laws and the Lessee shall obtain and maintain in good standing all Governmental Approvals required for the operations of the Facility by any applicable Environmental Law. The Lessee shall not (A) own or operate on the Site (1) except in compliance in all material respects with Environmental Laws, any underground storage tank, (2) except in compliance in all material respects with Environmental Laws, material amounts of asbestos containing building material, or (3) landfill or dump, (B) use, generate, treat, store or dispose of Hazardous Materials at or on the Site in quantities materially greater than that which is customary for operations similar to those of the Lessee at the Site, or (C) conduct any activity on the Site or use the Leased Property in any manner (1) which would cause the Leased Property to become a hazardous waste treatment, storage or disposal facility within the meaning of RCRA or any similar state law or local ordinance, (2) so as to cause a material Release or threat of Release of any Hazardous Material from or at the Site, to cause the Site to become a site on or nominated for the National Priority List promulgated pursuant to CERCLA or any state priority list promulgated pursuant to any similar state law, or (3) so as to cause a discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. ss.ss.1251 et seq., or the Clean Air Act, 42 U.S.C. ss.ss.741, et seq., or any similar state law or local ordinance, unless such a permit shall be in full force and effect and such discharge shall be in full compliance therewith. At its sole expense (but without thereby waiving any claims it may have against third parties), the Lessee will conduct any investigation, study, sampling and testing, and undertake any Remedial Action or other response action necessary to remove, clean up or xxxxx any Hazardous Material which is Released or disposed of at or on the Site in accordance with any applicable Environmental Law and any order or directive from a Governmental Authority having jurisdiction, except to the extent that the Lessee is diligently contesting any applicable Environmental Law or any order or directive from a Governmental Authority, so long as such contest does is in good faith and by appropriate proceedings, but only so long as reserves deemed by the Lessee to be adequate are maintained and such proceedings do not result in involve any danger of criminal liability or a material danger of civil liability of the Owner Trustee, the Indenture Trustee, any holder of the ClO2 Notes or any Participant, or a material danger of the sale, forfeiture or sale of any Unit or adversely affect Lessor's title thereto. Lessee agrees that, without the prior written consent of Lessor and the Security Trustees, Lessee will not assign, transfer or sublease its rights under this Lease, or permit its rights or interest hereunder to be subject to any lien, charge or encumbrance other than the lien on Lessee's leasehold estate hereunder loss of the Mortgage and Deed Leased Property, any portion thereof or any interest of Trust dated January 15, 1937 (the "Mortgage") from Lessee to Irving Trust Company, as Owner Trustee, as supplemented. No such Mortgage, lien, charge, encumbrance, assignment the Indenture Trustee or sublease shall relieve Lessee of any of its obligations, liabilities or duties hereunder which shall be and remain those of a principal and not a guarantorParticipant therein.

Location and Use. (i) The Lessee agrees that the Unit Facility will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the location designated therefor in Exhibit A heretoSite, provided that the Lessee may deliver possession of any part of portions or portion of the Unit Facility to any manufacturer, contractor, supplier or mechanic designated by the Manufacturer, or other subcontractor or agent, Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8 hereof 8, but the rights of any such party in possession of such part or portion of the Unit Facility shall be subject and subordinate to the terms of this Lease, including without limitation limitation, the right of Lessor the Owner Trustee to take possession of the Unit Facility pursuant to Section 15 hereof15. In the event of that pursuant to the foregoing sentence hereof any removal of any parts part or portion of the Unit Facility having a value in excess of 1% of the then Casualty Value is removed from Linn County, Oregon, the county in which it is located as designated in Exhibit A hereto, Lessee shall give the Owner Trustee and the Indenture Trustee not less than 30 days' prior written notice of such removal and shall deliver to Lessor the Owner Trustee and the Indenture Trustee promptly after such removal removal, and in any event within ten 10 days thereafter thereafter, the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such parts part or portion of the Unit Facility by Lessorthe Owner Trustee, that all necessary recording recordings and filings (including financing statements and continuation statements under any applicable Uniform Commercial Code) Applicable Law have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of Mortgage the perfection of security interest thereof in the removed part or portion) and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. In no event The Lessee shall not change the Unit use of the Leased Property as a pulp mill without the Owner Trustee's prior written consent. The Lessee will not do or permit any act or thing that may impair the value of the Leased Property or any part thereof (provided that actions by the Lessee expressly required by Section 8 of this Lease shall not be deemed to impair the value of the Leased Property) or portion thereof be removed that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a location outside public or private nuisance or waste to the continental United States without Leased Property or any part thereof. The Lessee agrees that it will not use the prior written consent of Lessor. Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 herein. (ii) The Lessee warrants agrees that the Unit Leased Property will at all times be maintained, used and operated under and in compliance with the laws of the Jurisdiction in which it may be operated, and in compliance all material respects with all lawful acts, rules, regulations and orders of any commissions, boards or other legislative, executive or Judicial bodies or officers having power to regulate or supervise the use of such propertyApplicable Laws; provided, however, that the Lessee may in good faith contest in any reasonable manner the application of any such rule, regulation or order in good faith and by appropriate proceedings, but only so long as such proceedings do not involve any danger of criminal liability or a material danger of civil liability of the Owner Trustee, the Indenture Trustee or any Participant, or a material danger of the sale, forfeiture or loss of the Leased Property, any portion thereof or any interest of the Owner Trustee, the Indenture Trustee or any Participant therein. The Lessee and the Leased Property shall comply in all material respects with all applicable Environmental Laws and the Lessee shall obtain and maintain in good standing all Governmental Approvals required for the operations of the Facility by any applicable Environmental Law. The Lessee shall not (A) own or operate on the Site (1) except in compliance in all material respects with Environmental Laws, any underground storage tank, (2) except in compliance in all material respects with Environmental Laws, material amounts of asbestos containing building material, or (3) landfill or dump, (B) use, generate, treat, store or dispose of Hazardous Materials at or on the Site in quantities materially greater than that which is customary for operations similar to those of the Lessee at the Site, or (C) conduct any activity on the Site or use the Leased Property in any manner (1) which would cause the Leased Property to become a hazardous waste treatment, storage or disposal facility within the meaning of RCRA or any similar state law or local ordinance, (2) so as to cause a material Release or threat of Release of any Hazardous Material from or at the Site, to cause the Site to become a site on or nominated for the National Priority List promulgated pursuant to CERCLA or any state priority list promulgated pursuant to any similar state law, or (3) so as to cause a discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. ss.ss.1251 et seQ., or the Clean Air Act, 42 U.S.C. ss.ss.741, et seq., or any similar state law or local ordinance, unless such a perMit shall be in full force and effect and such discharge shall be in full compliance therewith. At its sole expense (but without thereby waiving any claims it may have against third parties), the Lessee will conduct any investigation, study, sampling and testing, and undertake any cleanup, removal, remedial or other response action necessary to remove, clean up or axxxx any material quantity of Hazardous Material which is Released or disposed of at or on the Site in accordance with any applicable Environmental Law and any order or directive from a Governmental Authority having jurisdiction, except to the extent that the Lessee is diligently contesting any applicable Environmental Law or any order or directive from a Governmental Authority, so long as such contest does is in good faith and by appropriate proceedings, but only so long as reserves deemed by the Lessee to be adequate are maintained and such proceedings do not result in involve any danger of criminal liability or a material danger of civil liability of the Owner Trustee, the Indenture Trustee or any Participant, or a material danger of the sale, forfeiture or sale of any Unit or adversely affect Lessor's title thereto. Lessee agrees that, without the prior written consent of Lessor and the Security Trustees, Lessee will not assign, transfer or sublease its rights under this Lease, or permit its rights or interest hereunder to be subject to any lien, charge or encumbrance other than the lien on Lessee's leasehold estate hereunder loss of the Mortgage and Deed Leased Property, any portion thereof or any interest of Trust dated January 15, 1937 (the "Mortgage") from Lessee to Irving Trust Company, as Owner Trustee, as supplemented. No such Mortgage, lien, charge, encumbrance, assignment the Indenture Trustee or sublease shall relieve Lessee of any of its obligations, liabilities or duties hereunder which shall be and remain those of a principal and not a guarantorParticipant therein.

Location and Use. (i) The Lessee agrees that the Unit Facility will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the location designated therefor in Exhibit A heretoSite, provided PROVIDED that the Lessee may deliver possession of any part of portions or portion of the Unit Facility to any manufacturer, contractor or supplier designated by the Manufacturer, or other subcontractor or agent, Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8 hereof 8, but the rights of any such party in possession of such part or portion of the Unit Facility shall be subject and subordinate to the terms of this Lease, including without limitation limitation, the right of Lessor the Owner-Trustee to take possession of the Unit Facility pursuant to Section 15 hereof15. In the event of that pursuant to the foregoing sentence hereof any removal of any parts part or portion of the Unit Facility having a value in excess of 1% of the then Casualty Value is removed from Boundary County, Idaho, the county in which it is located as designated in Exhibit A hereto, Lessee shall give the Owner-Trustee not less than 30 days' prior written notice of such removal and shall deliver to Lessor the Owner-Trustee promptly after such removal removal, and in any event within ten 10 days thereafter thereafter, the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such parts part or portion of the Unit Facility by Lessorthe Owner-Trustee, that all necessary recording recordings and filings (including financing statements and continuation statements under any applicable Uniform Commercial Code) Applicable Law have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of Mortgage the perfection of security interest thereof in the removed part or portion) and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. In no event The Lessee shall not change the Unit use of the Leased Property as a sawmill without the Owner-Trustee's prior, written consent. The Lessee will not do or permit any act or thing that may impair the value of the Leased Property or any part thereof or portion thereof be removed that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a location outside public or private nuisance or waste to the continental United States without Leased Property or any part thereof. The Lessee agrees that it will not use the prior written consent of Lessor. Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 herein. (ii) The Lessee warrants agrees that the Unit Leased Property will at all times be maintained, used and operated under and in compliance in all material respects with the laws of the Jurisdiction in which it may be operated, all Applicable Laws (other than CERCLA) and in compliance all respects with all lawful actsCERCLA; PROVIDED, rulesHOWEVER, regulations and orders of any commissions, boards or other legislative, executive or Judicial bodies or officers having power to regulate or supervise that the use of such property; provided, however, Lessee may in good faith contest in any reasonable manner the application of any such rule, regulation or order in good faith and by appropriate proceedings, but only so long as such proceedings do not involve any danger of criminal liability or a material danger of civil liability of the Owner-Trustee, the Indenture Trustee or any Participant, or a material danger of the sale, forfeiture or loss of the Leased Property, any portion thereof or any interest of the Owner-Trustee, the Indenture Trustee or any Participant therein. The Lessee and the Leased Property shall comply in all material respects with all applicable Environmental Laws and the Lessee shall obtain and maintain in good standing all Governmental Approvals required for the operations of the Facility by any applicable Environmental Law. The Lessee shall not (A) own or operate on the Site any (1) underground storage tank, (2) material amounts of asbestos containing building material, or (3) landfill or dump, (B) use, generate, treat, store or dispose of Hazardous Materials at or on the Site in quantities materially greater than that which is customary for operations similar to those of the Lessee at the Site, or (C) conduct any activity on the Site or use the Leased Property in any manner (1) which would cause the Leased Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Leased Property within the ambit of, RCRA or any similar state law or local ordinance, (2) so as to cause a Release or threat of Release of any Hazardous Material from or at the Site, to cause the Site to become a site on or nominated for the National Priority List promulgated pursuant to CERCLA or any state priority list promulgated pursuant to any similar state law, or otherwise to bring the Leased Property within the ambit of, CERCLA, or any similar state law or local ordinance or any other Environmental Law or (3) so as to cause a discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 ET SEQ., or the Clean Air Act, 42 U.S.C. Section 741, ET SEQ., or any similar state law or local ordinance, unless such a permit shall be in full force and effect and such discharge shall be in full compliance therewith. At its sole expense (but without thereby waiving any claims it may have against third parties), the Lessee will conduct any investigation, study, sampling and testing, and undertake any cleanup, removal, remedial or other response action necessary to remove, clean up or xxxxx any material quantity of Hazardous Material which is Released or disposed of at or on the Site in accordance with any applicable Environmental Law and any order or directive from a Governmental Authority having jurisdiction, except to the extent that the Lessee is diligently contesting any applicable Environmental Law or any order or directive from a Governmental Authority, so long as such contest does is in good faith and by appropriate proceedings, but only so long as reserves deemed by the Lessee to be adequate are maintained and such proceedings do not result in involve any danger of criminal liability or a material danger of civil liability of the Owner-Trustee, the Indenture Trustee or any Participant, or a material danger of the sale, forfeiture or sale of any Unit or adversely affect Lessor's title thereto. Lessee agrees that, without the prior written consent of Lessor and the Security Trustees, Lessee will not assign, transfer or sublease its rights under this Lease, or permit its rights or interest hereunder to be subject to any lien, charge or encumbrance other than the lien on Lessee's leasehold estate hereunder loss of the Mortgage and Deed Leased Property, any portion thereof or any interest of Trust dated January 15, 1937 (the "Mortgage") from Lessee to Irving Trust Company, as Owner-Trustee, as supplemented. No such Mortgage, lien, charge, encumbrance, assignment the Indenture Trustee or sublease shall relieve Lessee of any of its obligations, liabilities or duties hereunder which shall be and remain those of a principal and not a guarantorParticipant therein.

Location and Use. (i) The Lessee agrees that the Unit Facility will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the location designated therefor in Exhibit A heretoSite, provided PROVIDED that the Lessee may deliver possession of any part of portions or portion of the Unit Facility to any manufacturer, contractor or supplier designated by the Manufacturer, or other subcontractor or agent, Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8 hereof 8, but the rights of any such party in possession of such part or portion of the Unit Facility shall be subject and subordinate to the terms of this Lease, including without limitation limitation, the right of Lessor the Owner-Trustee to take possession of the Unit Facility pursuant to Section 15 hereof15. In the event of that pursuant to the foregoing sentence hereof any removal of any parts part or portion of the Unit Facility having a value in excess of 1% of the then Casualty Value is removed from Clallam County, Washington, the county in which it is located as designated in Exhibit A hereto, Lessee shall give the Owner-Trustee not less than 30 days' prior written notice of such removal and shall deliver to Lessor the Owner-Trustee promptly after such removal removal, and in any event within ten 10 days thereafter thereafter, the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such parts part or portion of the Unit Facility by Lessorthe Owner-Trustee, that all necessary recording recordings and filings (including financing statements and continuation statements under any applicable Uniform Commercial Code) Applicable Law have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of Mortgage the perfection of security interest thereof in the removed part or portion) and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. In no event The Lessee shall not change the Unit use of the Leased Property as a sawmill without the Owner-Trustee's prior, written consent. The Lessee will not do or permit any act or thing that may impair the value of the Leased Property or any part thereof or portion thereof be removed that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a location outside public or private nuisance or waste to the continental United States without Leased Property or any part thereof. The Lessee agrees that it will not use the prior written consent of Lessor. Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 herein. (ii) The Lessee warrants agrees that the Unit Leased Property will at all times be maintained, used and operated under and in compliance in all material respects with the laws of the Jurisdiction in which it may be operated, all Applicable Laws (other than CERCLA) and in compliance all respects with all lawful actsCERCLA; PROVIDED, rulesHOWEVER, regulations and orders of any commissions, boards or other legislative, executive or Judicial bodies or officers having power to regulate or supervise that the use of such property; provided, however, Lessee may in good faith contest in any reasonable manner the application of any such rule, regulation or order in good faith and by appropriate proceedings, but only so long as such proceedings do not involve any danger of criminal liability or a material danger of civil liability of the Owner-Trustee, the Indenture Trustee or any Participant, or a material danger of the sale, forfeiture or loss of the Leased Property, any portion thereof or any interest of the Owner-Trustee, the Indenture Trustee or any Participant therein. The Lessee and the Leased Property shall comply in all material respects with all applicable Environmental Laws and the Lessee shall obtain and maintain in good standing all Governmental Approvals required for the operations of the Facility by any applicable Environmental Law. The Lessee shall not (A) own or operate on the Site any (1) underground storage tank, (2) material amounts of asbestos containing building material, or (3) landfill or dump, (B) use, generate, treat, store or dispose of Hazardous Materials at or on the Site in quantities materially greater than that which is customary for operations similar to those of the Lessee at the Site, or (C) conduct any activity on the Site or use the Leased Property in any manner (1) which would cause the Leased Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Leased Property within the ambit of, RCRA or any similar state law or local ordinance, (2) so as to cause a Release or threat of Release of any Hazardous Material from or at the Site, to cause the Site to become a site on or nominated for the National Priority List promulgated pursuant to CERCLA or any state priority list promulgated pursuant to any similar state law, or otherwise to bring the Leased Property within the ambit of, CERCLA, or any similar state law or local ordinance or any other Environmental Law or (3) so as to cause a discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Sections 1251 ET SEQ., or the Clean Air Act, 42 U.S.C. Sections 741, ET SEQ., or any similar state law or local ordinance, unless such a permit shall be in full force and effect and such discharge shall be in full compliance therewith. At its sole expense (but without thereby waiving any claims it may have against third parties), the Lessee will conduct any investigation, study, sampling and testing, and undertake any cleanup, removal, remedial or other response action necessary to remove, clean up or xxxxx any material quantity of Hazardous Material which is Released or disposed of at or on the Site in accordance with any applicable Environmental Law and any order or directive from a Governmental Authority having jurisdiction, except to the extent that the Lessee is diligently contesting any applicable Environmental Law or any order or directive from a Governmental Authority, so long as such contest does is in good faith and by appropriate proceedings, but only so long as reserves deemed by the Lessee to be adequate are maintained and such proceedings do not result in involve any danger of criminal liability or a material danger of civil liability of the Owner-Trustee, the Indenture Trustee or any Participant, or a material danger of the sale, forfeiture or sale of any Unit or adversely affect Lessor's title thereto. Lessee agrees that, without the prior written consent of Lessor and the Security Trustees, Lessee will not assign, transfer or sublease its rights under this Lease, or permit its rights or interest hereunder to be subject to any lien, charge or encumbrance other than the lien on Lessee's leasehold estate hereunder loss of the Mortgage and Deed Leased Property, any portion thereof or any interest of Trust dated January 15, 1937 (the "Mortgage") from Lessee to Irving Trust Company, as Owner-Trustee, as supplemented. No such Mortgage, lien, charge, encumbrance, assignment the Indenture Trustee or sublease shall relieve Lessee of any of its obligations, liabilities or duties hereunder which shall be and remain those of a principal and not a guarantorParticipant therein.

Location and Use. Lessee agrees that the Unit Units will be used solely in the conduct of its business and will at all times be and remain in the possession and control of Lessee at the location designated therefor in Exhibit A hereto, provided that Lessee may deliver possession of any part of portions of the any Unit to the Manufacturer, or other subcontractor or agent, for purposes of realizing the benefits of any warranty or in order to comply with the obligations of Lessee under Section 8 hereof but the rights of any such party in possession of the Unit any Units shall be subject and subordinate to the terms of this Lease, including without limitation the right of Lessor to take possession of the Unit Units pursuant to Section 15 hereof. In the event of any removal of any parts or portion of the any Unit from the county in which it is located as designated in Exhibit A hereto, Lessee shall deliver to Lessor promptly after such removal and in any event within ten days thereafter the opinion of Lessee's counsel that such removal shall not impair or adversely affect the ownership of such parts arts or portion of the such Unit by Lessor, that all necessary recording and filings (including financing statements and continuation statements under any applicable Uniform Commercial Code) have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture of Mortgage and that all fees, taxes and charges payable in connection therewith have been paid in full by Lessee. In no event shall the any Unit or any part or portion thereof be removed to a location outside the continental United States without the prior written consent of Lessor. Lessee warrants that the Unit Units will at all times be used and operated under and in compliance with the laws of the Jurisdiction jurisdiction in which it may be operated, and in compliance with all lawful acts, rules, regulations and orders of any commissions, boards or other legislative, executive or Judicial judicial bodies or officers having power to regulate or supervise the use of such property; provided, however, Lessee may in good faith contest in any reasonable manner the application of any such rule, regulation or order to the extent that such contest does not result in the forfeiture or sale of any Unit or adversely affect Lessor's title thereto. Lessee agrees that, without the prior written consent of Lessor and the Security Trustees, Lessee will not assign, transfer or sublease its rights under this Lease, or permit its rights or interest hereunder to be subject to any lien, charge or encumbrance other than the lien on Lessee's ' leasehold estate hereunder of the Mortgage and Deed of Trust dated January 15, 1937 (the "Mortgage") from form Lessee to Irving Trust Company, as Trustee, as supplemented. No such Mortgage, lien, charge, encumbrance, assignment or sublease shall relieve Lessee of any of its obligations, liabilities or duties hereunder which shall be and remain those of a principal and not a guarantor.