Common use of Site Assessments and Information Clause in Contracts

Site Assessments and Information. If the Parent or the Borrower fails to comply with Section 7.12(a) or if any other Event of Default shall have occurred and be continuing, then if requested by the Administrative Agent, at the Borrower’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five (75) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report of an environmental assessment of any or all Unencumbered Properties and of such scope so as to be compliant with the guidelines established by the ASTM (including the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent. Each applicable Loan Party shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm all information available to such Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty (30) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five (75) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Properties upon written notice, and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Properties, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Properties.

Site Assessments and Information. If the Parent or the Borrower fails to comply with Section 7.12(a) or if any other Event of Default shall have occurred and be continuing, then if requested by the Administrative Agent, at the Borrower’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five (75) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report of an environmental assessment of any or all Unencumbered Borrowing Base Properties and of such scope so as to be compliant with the guidelines established by the ASTM (including the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent. Each applicable Loan Party shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm all information available to such Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty (30) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five (75) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Borrowing Base Properties upon written notice, and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Borrowing Base Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Borrowing Base Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Borrowing Base Properties, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Borrowing Base Properties.

Site Assessments and Information. If the Parent or the Borrower fails Administrative Agent shall ever have reason to comply with Section 7.12(a) believe that any Hazardous Material affects any Unencumbered Property, or if any other Event of Environmental Claim is made or threatened, or if a Default shall have occurred and be continuing, then if requested by the Administrative Agent, then Borrower shall either (x) remove such Unencumbered Property from the Borrowing Base pursuant to Section 4.05 or (y) at the Borrower’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five ten (7510) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report of an environmental assessment of any or all Unencumbered Properties and of such scope so as to be compliant with the guidelines established by the ASTM (including the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent. Each applicable Loan Party shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five ten (7510) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the then Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Properties at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the any Unencumbered PropertiesProperty, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the any Unencumbered PropertiesProperty, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company Loan Party or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrowerrequest. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company Loan Party or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the any Unencumbered PropertiesProperty.

Site Assessments and Information. If the Parent or the Borrower fails to comply with Section 7.12(a) or if any other Event of Default shall have occurred and be continuing, or upon the occurrence of the Release Date (other than the event in clause (a) of the definition of Release Date), then if requested by the Administrative Agent, at the Borrower’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five thirty (7530) days after the Administrative Agent’s request, then an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report of an environmental assessment of any or all Unencumbered Borrowing Base Properties and of such scope so as to be compliant with the guidelines established by the ASTM (including the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent. Each applicable Loan Party shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm all information available to such Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty (30) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five (75) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Borrowing Base Properties upon written notice, and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Borrowing Base Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Borrowing Base Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Borrowing Base Properties, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Borrowing Base Properties.

Site Assessments and Information. If the Parent Agent or any Lender shall ever have reason to believe that any Hazardous Material affects any of the Borrower fails to comply with Section 7.12(a) Hotel Properties, or if any other Event of Default Environmental Claim is made or threatened, or if a default shall have occurred and be continuingunder the Loan Documents, then or upon the occurrence of the Transition Date (defined below) if requested by the Administrative Agent, the Borrower will at the Borrower’s expense, deliver its expense provide to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five thirty (7530) days after the Administrative Agent’s 's request, an Environmental Assessment (hereinafter defineddefined below) made after the date of the Administrative Agent’s 's request. As used in this Agreement, the term “"Environmental Assessment” " means a report (including all drafts thereof) of an environmental assessment investigation and analysis of any or all Unencumbered Properties and the subject Collateral Pool Property of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent and made in accordance with Agent's established guidelines. Each applicable Loan Party shall The Borrower will cooperate with each consulting firm making any such Environmental Assessment and shall will supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party the Borrower to facilitate the completion of the Environmental Assessment. If any Loan Party the Borrower fails to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s 's request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five (75) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s 's expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Hotel Properties at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered PropertiesHotel Property, but shall be under no duty to disclose any such information except as may be required by Lawlaw. The Administrative Agent shall be under no duty to make any Environmental Assessment of any of the Unencumbered Hotel Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material Materials is or is not present on the Unencumbered Propertiessubject Hotel Property, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company the Borrower or any other Person person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative 's request. The Agent shall deliver a copy of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any Lenders owe no duty of care to protect any Company the Borrower or any other Person person against, or to inform them of, any Hazardous Material or other adverse condition affecting any of the Unencumbered Collateral Pool Properties.

Site Assessments and Information. If the Parent or the Borrower fails Administrative Agent shall ever have good cause to comply with Section 7.12(a) believe that any Hazardous Material affects any Borrowing Base Property which could cause a Material Property Event, or if any other Environmental Claim is made against a Borrowing Base Property Owner or a Borrowing Base Property, or if an Event of Default shall have occurred and be continuing, then if requested by the Administrative Agent, at the Borrower’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five sixty (7560) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report of an environmental assessment of any or all Unencumbered Properties the applicable Borrowing Base Property and of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm approved by Administrative Agent, which approval will not be unreasonably withheld and made in accordance with ASTM standard practice, which is (i) either addressed to Administrative Agent or subject to a reliance letter reasonably satisfactory to Administrative Agent, (ii) in form and substance reasonably acceptable to the Administrative Agent. Each applicable Loan Party shall cooperate , and (iii) accompanied by a certification from Borrower that it is complying in good faith with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm all information available to such Loan Party to facilitate the completion of the Environmental Assessmentrecommendations set forth therein. If any Loan Party fails to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five sixty (7560) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject Each Loan Party shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the rights consulting firm, from time to time and promptly on request, all information reasonably available to the applicable Loan Party to facilitate the completion of tenant, the Environmental Assessment. Administrative Agent and its designees are hereby granted access to the Unencumbered Borrowing Base Properties at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Properties, but shall be under no duty Borrowing Base Properties to disclose any such information except as may be the extent required by LawLaw or as permitted by Section 11.07. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Borrowing Base Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Borrowing Base Properties, or that there has been or shall be compliance with any Environmental RequirementLaw, nor shall any Company Borrower or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrowerrequest. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company Loan Party or any other Person against, or to inform them of, against any Hazardous Material or other adverse condition affecting the Unencumbered Borrowing Base Properties.

Site Assessments and Information. If the Parent or the Borrower fails Administrative Agent shall ever have reason to comply with Section 7.12(a) believe that any Hazardous Material affects any Borrowing Base Property, or if any other Event of Default shall have occurred and be continuingEnvironmental Claim is made or threatened, then if requested by the Administrative Agent, at the Borrower’s expense, deliver provide to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five thirty (7530) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report (including all drafts thereof) of an environmental assessment of any or all Unencumbered Properties such Borrowing Base Property and of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent and made in accordance with Administrative Agent’s established guidelines. Each applicable Loan Party shall will cooperate with each consulting firm making any such Environmental Assessment and shall will supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five thirty (7530) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Borrowing Base Properties at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Borrowing Base Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Borrowing Base Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Borrowing Base Properties, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company Borrower or any other Person person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy request. None of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company Loan Party or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Borrowing Base Properties.

Site Assessments and Information. If the Parent or the Borrower fails Administrative Agent shall ever have reason to comply with Section 7.12(a) believe that any Hazardous Material affects any Unencumbered Property, or if any other Event of Environmental Claim is made or threatened or Environmental Liability suffered or incurred, or if a Default shall have occurred and be continuing, or upon the occurrence of the Release Date (other than the event in clause (a) of the definition of Release Date), then if requested by the Administrative Agent, at the Borrower’s expense, Borrower shall use commercially reasonable efforts to deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five thirty (7530) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report (including all drafts thereof) of an environmental assessment of any or all Unencumbered Properties Property and of such scope so as to be compliant with the guidelines established by the ASTM (including the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent and made in accordance with Administrative Agent’s established guidelines. Each applicable Loan Party Borrower and each Subsidiary shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party Borrower and each Subsidiary to facilitate the completion of the Environmental Assessment. If Borrower or any Loan Party Subsidiary fails to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if Borrower or any Loan Party Subsidiary fails to furnish to the Administrative Agent such Environmental Assessment within seventy five thirty (7530) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the then Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Properties at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the any Unencumbered PropertiesProperty, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the any Unencumbered PropertiesProperty, or that there has been or shall be compliance with any Environmental RequirementLaw, nor shall Borrower or any Company Subsidiary or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrowerrequest. Neither the Administrative Agent nor any Lender owes any duty of care to protect Borrower or any Company Subsidiary or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the any Unencumbered PropertiesProperty.

Site Assessments and Information. If the Parent or the Borrower fails Administrative Agent shall ever have reason to comply believe that any Hazardous Material affects any Borrowing Base Property (other than routine office, cleaning, janitorial and other materials and supplies necessary to operate, maintain, repair, improve and lease such Real Property, in each case in commercially reasonable quantities and used and stored in compliance with Section 7.12(a) all Environmental Laws), or if any other Environmental Claim is made or threatened, or if an Event of Default shall have occurred and be continuing, or upon the occurrence of the Release Date (other than the event in clause (a) of the definition of Release Date), then if requested by the Administrative Agent, at the BorrowerBxxxxxxx’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five (75) days as soon as reasonably practicable after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report (including all drafts thereof) of an environmental assessment of any or all Unencumbered Borrowing Base Properties and of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent and made in accordance with Administrative Agent’s established guidelines. Each applicable Loan Party shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm firm, from time to time and promptly on request, all information available to such the applicable Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five (75) days as soon as reasonably practicable after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Borrowing Base Properties at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Borrowing Base Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Borrowing Base Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Borrowing Base Properties, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company Borrower or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrowerrequest. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company Loan Party or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Borrowing Base Properties.

Site Assessments and Information. If the Parent or Administrative Agent shall ever have reason to believe that any Hazardous Material affects the Borrower fails to comply with Section 7.12(a) Property, or if any other Environmental Claim is made or threatened, or if an Event of Default shall have occurred and be continuingunder the Loan Documents, then or upon the occurrence of the Release Date (hereinafter defined) if requested by the Administrative Agent, the Obligors shall at the Borrower’s their expense, deliver provide to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five sixty (7560) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report (including all drafts thereof) of an environmental assessment of any or all Unencumbered Properties and the Property of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent and made in accordance with the Administrative Agent’s established guidelines. Each applicable Loan Party shall The Obligors will cooperate with each consulting firm making any such Environmental Assessment and shall will supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party the Obligors to facilitate the completion of the Environmental Assessment. If any Loan Party fails the Obligors fail to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party Obligor fails to furnish to the Administrative Agent such Environmental Assessment within seventy five sixty (7560) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s Obligors’ expense and risk. Subject to the rights of tenant, the The Administrative Agent and its designees are hereby granted access to the Unencumbered Properties Property at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent and/or any Lender may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered PropertiesProperty, but shall be under no duty to disclose any such information except as may be required by Lawlaw. The Neither the Administrative Agent nor any Lender shall be under no any duty to make any Environmental Assessment of the Unencumbered PropertiesProperty, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered PropertiesProperty, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company the Obligors or any other Person person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrowerrequest. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company the Obligors or any other Person person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered PropertiesProperty.

Site Assessments and Information. If Agent shall ever have reason to believe that any Hazardous Material affects the Parent or the Borrower fails to comply with Section 7.12(a) Property, or if any other Event Environmental Claim is made or threatened, or if a Default (as defined in the Deed of Default Trust13) shall have occurred and be continuingunder the Loan Documents (as defined in the Deed of Trust), then or upon the occurrence of the Release Date (hereinafter defined) if requested by the Administrative Agent, Obligors shall at the Borrower’s their expense, deliver provide to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five thirty (7530) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report (including all drafts thereof) of an environmental assessment of any or all Unencumbered Properties and the Property of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent and made in accordance with Agent’s established guidelines. Each applicable Loan Party shall Obligors will cooperate with each consulting firm making any such Environmental Assessment and shall will supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party Obligors to facilitate the completion of the Environmental Assessment. If any Loan Party fails Obligors fail to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party Obligor fails to furnish to the Administrative Agent such Environmental Assessment within seventy five thirty (7530) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the BorrowerObligor’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Properties Property at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered PropertiesProperty, but shall be under no duty to disclose any such information except as may be required by Lawlaw. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered PropertiesProperty, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered PropertiesProperty, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company Obligors or any other Person person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative request. Agent shall deliver a copy of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any no duty of care to protect any Company Obligors or any other Person person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered PropertiesProperty. 13 Term to be revised as applicable for the particular instrument.

Site Assessments and Information. If Agent shall ever have reason to believe that any Hazardous Material affects the Parent or the Borrower fails to comply with Section 7.12(a) Property, or if any other Event Environmental Claim is made or threatened, or if a Default (as defined in the Deed of Default Trust) shall have occurred and be continuingunder the Loan Documents (as defined in the Deed of Trust), then or upon the occurrence of the Release Date (hereinafter defined) if requested by the Administrative Agent, Obligors shall at the Borrower’s their expense, deliver provide to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five thirty (7530) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report (including all drafts thereof) of an environmental assessment of any or all Unencumbered Properties and the Property of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent and made in accordance with Agent’s established guidelines. Each applicable Loan Party shall Obligors will cooperate with each consulting firm making any such Environmental Assessment and shall will supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party Obligors to facilitate the completion of the Environmental Assessment. If any Loan Party fails Obligors fail to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party Obligor fails to furnish to the Administrative Agent such Environmental Assessment within seventy five thirty (7530) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the BorrowerObligor’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Properties Property at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, interested parties any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered PropertiesProperty, but shall be under no duty to disclose any such information except as may be required by Lawlaw. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered PropertiesProperty, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered PropertiesProperty, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company Obligors or any other Person person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative request. Agent shall deliver a copy of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any no duty of care to protect any Company Obligors or any other Person person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered PropertiesProperty.

Site Assessments and Information. If the Parent Fund or the Borrower fails to comply with Section 7.12(a8.14(a) or if any other Event of Default shall have occurred and be continuing, then if requested by the Administrative AgentAgent based on a reasonable belief by Administrative Agent that a Contamination in violation of Environmental Laws has occurred at a Borrowing Base Property, at the Borrower’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default existsyear, in each case within seventy five ninety (7590) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) with respect to the affected Borrowing Base Property made after the date of the Administrative Agent’s request. As used in this Credit Agreement, the term “Environmental Assessment” means a report of an environmental assessment of any or all Unencumbered Properties a Borrowing Base Property and of such scope so as to be compliant with the guidelines established by the ASTM (including the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent. Each applicable Loan Party shall cooperate with each the consulting firm making any such Environmental Assessment and shall supply to the consulting firm all information reasonably available to such Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty (30) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five ninety (7590) days after the Administrative Agent’s request, upon written notice to the Parent Fund and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of any tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Borrowing Base Properties upon written notice, and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Borrowing Base Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Borrowing Base Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Borrowing Base Properties, or that there has been or shall be compliance with any Environmental RequirementLaw, nor shall any Company Loan Party or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent Fund and the Borrower. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company Loan Party or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Borrowing Base Properties.

Site Assessments and Information. If Administrative Agent shall ever have reason to believe that any Hazardous Material affects any Project in the Parent or the Borrower fails to comply with Section 7.12(a) Collateral Pool, or if any other Event of Environmental Claim is made or threatened, or if a Default shall have occurred and be continuingis continuing under the Loan Documents, then or upon the occurrence of the Release Date (hereinafter defined) as to any Project in the Collateral Pool, if requested by the Administrative Agent, Borrower, at the Borrower’s 's expense, deliver shall provide or shall cause the Project Owner to the provide, to Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five sixty (7560) days after the Administrative Agent’s 's request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s 's request. As used in this Agreement, the term “"Environmental Assessment” " means a report of an environmental assessment of any or all Unencumbered Properties and the Project in question of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent and made in accordance with Administrative Agent's established guidelines. Each applicable Loan Party shall cooperate Borrower will cooperate, and will cause each Project Owner to cooperate, with each consulting firm making any such Environmental Assessment and shall will supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party Borrower and the Project Owner to facilitate the completion of the Environmental Assessment. If any Loan Party Borrower fails to furnish the Administrative Agent within thirty ten (3010) days after the Administrative Agent’s 's request with a copy of an agreement with an a reasonably acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party Borrower fails to furnish to the Administrative Agent such Environmental Assessment within seventy five sixty (7560) days after the Administrative Agent’s 's request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s 's expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Properties such Project at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to the Lenders, any Governmental Authorityloan participants or assignees, to the extent prospective loan participants or assignees, and regulatory authorities if required by Applicable Lawsuch regulatory authorities, any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered PropertiesProject, but shall be under no duty to disclose any such information except as may be required by LawLaw and, at the request of Borrower, Administrative Agent shall provide Borrower with a list of parties to whom Administrative Agent has disclosed such information. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Propertiesany Project, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Propertiesany Project, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company Loan Party or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrower's request. Neither the Administrative Agent nor any Lender owes owe any duty of care to protect any Company Loan Party or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Propertiesany Project.

Site Assessments and Information. If the Parent any Environmental Claim is made or the Borrower fails to comply with Section 7.12(a) threatened, or if any other Event of Default a default shall have occurred under the Loan Documents after applicable notice and be continuingcure periods (if any) contained therein, then if reasonably requested by the Administrative AgentLender, Indemnitor will at the Borrower’s expense, deliver its expense provide to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default existsLender, in each case within seventy forty-five (7545) days after the Administrative Agent’s such request, an Environmental Assessment (hereinafter defineddefined below) made after the date of the Administrative Agent’s requestpremises at which such Environmental Claim has occurred. However, if Indemnitor is not in default under any of the Loan Documents, Lender agrees to exercise reasonable discretion in requesting such Environmental Assessment. As used in this Agreement, the term “Environmental Assessment” means a report (including all drafts thereof) of an environmental assessment of any or all Unencumbered Properties and the Property of such scope so as to be compliant with the guidelines established by the ASTM (including but not limited to the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent Lender may reasonably request to be performed request, by a licensed environmental consulting firm reasonably acceptable to the Administrative AgentLender and made in accordance with Lender’s established guidelines. Each applicable Loan Party shall Indemnitor will cooperate with each consulting firm making any such Environmental Assessment and shall will supply to the consulting firm firm, from time to time and promptly on request, all information available to such Loan Party Indemnitor to facilitate the completion of the Environmental Assessment. If any Loan Party Indemnitor fails to furnish the Administrative Agent Lender within thirty ten (3010) days after the Administrative AgentLender’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party Indemnitor fails to furnish to the Administrative Agent Lender such Environmental Assessment within seventy forty-five (7545) days after the Administrative AgentLender’s requestrequest (or a reasonable time thereafter if such action is being diligently pursued by Indemnitor), upon written notice to the Parent and the Borrower, the Administrative Agent then Lender may cause any such Environmental Assessment to be made at the BorrowerIndemnitor’s expense and risk. Subject to the rights of tenant, the Administrative Agent Lender and its designees are hereby granted access to the Unencumbered Properties Property at any time or times, upon reasonable notice (which may be written noticeor oral), and a license which is coupled with an interest and is irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent Lender may disclose to any Governmental Authority, to the extent required by Applicable Law, any information the Administrative Agent Lender ever has about the environmental condition or compliance of the Unencumbered PropertiesProperty to any consulting firms to Lender or governmental entities, or after five (5) days prior written notice to Indemnitor, to interested parties; but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent Lender shall be under no duty to make any Environmental Assessment of the Unencumbered PropertiesProperty, and in no event shall any such Environmental Assessment by the Administrative Agent Lender be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered PropertiesProperty, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company Indemnitor or any other Person person be entitled to rely on any Environmental Assessment made by the Administrative Agent Lender or at the Administrative AgentLender’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrowerrequest. Neither the Administrative Agent nor any Lender owes any no duty of care to protect any Company Indemnitor or any other Person person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered PropertiesProperty.

Site Assessments and Information. If the Parent or the Borrower fails to comply with Section 7.12(a) or if any other Event of Default shall have occurred and be continuing, then if requested by the Administrative Agent, at the Borrower’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five (75) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report of an environmental assessment of any or all Unencumbered Borrowing Base Properties and of such scope so as to be compliant with the guidelines established by the ASTM (including the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent. Each applicable Loan Party shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm all information available to such Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty (30) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five (75) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Borrowing Base Properties upon written notice, and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Law, any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Borrowing Base Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Borrowing Base Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Borrowing Base Properties, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Borrowing Base Properties.

Site Assessments and Information. If the Parent or the Borrower fails to comply with Section 7.12(a) or if any other Event of Default shall have occurred and be continuing, then if requested by the Administrative Agent, at the Borrower’s expense, deliver to the Administrative Agent from time to time, but no more frequently than once per calendar year unless an Event of Default exists, in each case within seventy five (75) days after the Administrative Agent’s request, an Environmental Assessment (hereinafter defined) made after the date of the Administrative Agent’s request. As used in this Agreement, the term “Environmental Assessment” means a report of an environmental assessment of any or all Unencumbered Properties and of such scope so as to be compliant with the guidelines established by the ASTM (including the taking of soil borings and air and groundwater samples and other above and below ground testing) as the Administrative Agent may reasonably request to be performed by a licensed environmental consulting firm reasonably acceptable to the Administrative Agent. Each applicable Loan Party shall cooperate with each consulting firm making any such Environmental Assessment and shall supply to the consulting firm all information available to such Loan Party to facilitate the completion of the Environmental Assessment. If any Loan Party fails to furnish the Administrative Agent within thirty (30) days after the Administrative Agent’s request with a copy of an agreement with an acceptable environmental consulting firm to provide such Environmental Assessment, or if any Loan Party fails to furnish to the Administrative Agent such Environmental Assessment within seventy five (75) days after the Administrative Agent’s request, upon written notice to the Parent and the Borrower, the Administrative Agent may cause any such Environmental Assessment to be made at the Borrower’s expense and risk. Subject to the rights of tenant, the Administrative Agent and its designees are hereby granted access to the Unencumbered Properties upon written notice, and a license which is coupled with an interest and irrevocable, to make or cause to be made such Environmental Assessments. The Administrative Agent may disclose to any Governmental Authority, to the extent required by Applicable Lawapplicable Laws, any information the Administrative Agent ever has about the environmental condition or compliance of the Unencumbered Properties, but shall be under no duty to disclose any such information except as may be required by Law. The Administrative Agent shall be under no duty to make any Environmental Assessment of the Unencumbered Properties, and in no event shall any such Environmental Assessment by the Administrative Agent be or give rise to a representation that any Hazardous Material is or is not present on the Unencumbered Properties, or that there has been or shall be compliance with any Environmental Requirement, nor shall any Company or any other Person be entitled to rely on any Environmental Assessment made by the Administrative Agent or at the Administrative Agent’s request but the Administrative Agent shall deliver a copy of such report to the Parent and the Borrower. Neither the Administrative Agent nor any Lender owes any duty of care to protect any Company or any other Person against, or to inform them of, any Hazardous Material or other adverse condition affecting the Unencumbered Properties.