Common use of Prohibited Activities and Conditions Clause in Contracts

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”), if any, or matters described in Section 8.2 (Exclusions), Borrower shall not cause or permit any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-of any Hazardous Materials in, on or under the Land, or the Improvements or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 below; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (d) above are referred to collectively in this ARTICLE VIII as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “"O&M Program”), if any, ") or matters described in Section 8.2 (Exclusions)6.2 or matters described in Exhibit "H" during the term of the Loan, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (d) above are referred to collectively in this ARTICLE VIII Article VI as “"Prohibited Activities and Conditions” " and individually as a “"Prohibited Activity and Condition.”"

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”), if any, ) or matters described in Section 8.2 (Exclusions)6.2, no Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-disposal of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the MortgageSecurity Instruments) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (de) above are referred to collectively in this ARTICLE VIII Article VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”” 1942134 v3

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”), if any, ) or matters described in Section 8.2 (Exclusions)6.2, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-disposal of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (de) above are referred to collectively in this ARTICLE VIII Article VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”. “

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”), if any, ) or matters described in Section 8.2 (Exclusions)6.2, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-disposal of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (de) above are referred to collectively in this ARTICLE VIII Article VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”), if any, Program or matters described in Section 8.2 6.2 (Exclusions), Borrower shall not cause or permit any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (de) above are referred to collectively in this ARTICLE VIII VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Mezzanine Lender (an “"O&M Program”), if any, ") or matters described in Section 8.2 (Exclusions)9.2 or matters described in Exhibit "K" hereto, Borrower during the term of the Loan, Mortgagor shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (d) above are referred to collectively in this ARTICLE VIII Article IX as “"Prohibited Activities and Conditions” " and individually as a “"Prohibited Activity and Condition.”"

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Mezzanine Lender (an “"O&M Program”), if any, ") or matters described in Section 8.2 (Exclusions)9.2 or matters described in Exhibit "K" hereto, Borrower during the term of the Loan, Owner shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the First Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (d) above are referred to collectively in this ARTICLE VIII Article IX as “"Prohibited Activities and Conditions” " and individually as a “"Prohibited Activity and Condition.”"

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “"O&M Program”), if any, ") or matters described in Section 8.2 (Exclusions)6.2, Borrower shall not cause or permit to exist any of the following: (a) a. The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-disposal of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) b. The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) c. Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) d. Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) e. Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (de) above are referred to collectively in this ARTICLE VIII Article VI as “"Prohibited Activities and Conditions” " and individually as a “"Prohibited Activity and Condition.”"

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”), if any, ) or matters described in Section 8.2 (Exclusions)6.2, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-disposal of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (de) above are referred to collectively in this ARTICLE VIII Article VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”), if any, Program or matters described in Section 8.2 (Exclusions)6.2, Borrower shall not cause or permit any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 6.2 below; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 6.2 below; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (d) above are referred to collectively in this ARTICLE VIII Article VI as “"Prohibited Activities and Conditions” " and individually as a “"Prohibited Activity and Condition.”"

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”), if any, ) or matters described in Section 8.2 (Exclusions)6.2, Borrower Borrowers shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal-disposal of any Hazardous Materials in, on or under the Land, or the Improvements any Improvements, or any other property of Borrower that is adjacent to the Land, subject to Section 8.2 belowLand in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land, subject to Section 8.2 belowLand in violation of any applicable Hazardous Materials Laws; (c) Any occurrence or condition on the Land or in the Improvements or any other property of Borrower Borrowers that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or non-compliance noncompliance with the terms of any Environmental Permit with respect to the Land, the Improvements or any property of Borrower Borrowers that is adjacent to the Land; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (de) above are referred to collectively in this ARTICLE VIII Article VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”