Common use of Site Visits, Observation and Testing Clause in Contracts

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties and their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the Borrower’s Mortgagor's use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon not less than 24 hours prior notice and during normal business hours to enter and visit the Property in accordance with the terms of Section 6.9 of the Credit Agreement for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing of soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the BorrowerMortgagor’s use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the Borrower’s Xxxxxxxxx's use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation The Administrative Agent and any of the provisions of this Agreement are present on the Property, the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice and during normal business hours notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default (as defined in the Credit Agreement), or where the Administrative Agent has a reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples, and conducting tests on ) as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Administrative Agent or any other Indemnified Party shall impose any liability on any the Administrative Agent or such other Indemnified Party. In no event shall any site visit, observation or testing by the Administrative Agent or any other Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Company nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. The Neither the Administrative Agent nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors Company or any other party against, or to inform the Indemnitors Company or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Administrative Agent and any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Company reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Company's use of the Property in exercising any rights provided in this Section 1paragraph 5. The Administrative Agent's rights under this Indemnity are for the purpose of protecting and preserving the value of its collateral, and neither the Administrative Agent or any Indemnified Party shall be considered an operator of the Property by virtue of exercising its rights hereunder.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation The Administrative Agent and any of the provisions of this Agreement are present on the Property, the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice and during normal business hours notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default, or where the Administrative Agent has a reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples, and conducting tests on ) as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Administrative Agent or any other Indemnified Party shall impose any liability on any the Administrative Agent or such other Indemnified Party. In no event shall any site visit, observation or testing by the Administrative Agent or any other Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Company nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. The Neither the Administrative Agent nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors Company or any other party against, or to inform the Indemnitors Company or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Administrative Agent and any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Company reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Company's use of the Property in exercising any rights provided in this Section 1paragraph 5.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the The Indemnified Parties and their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspection.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation The Administrative Agent and any of the provisions of this Agreement are present on the Property, the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice and during normal business hours notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default (as defined in the Credit Agreement), or where the Administrative Agent has a reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples, and conducting tests on ) as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Administrative Agent or any other Indemnified Party shall impose any liability on any the Administrative Agent or such other Indemnified Party. In no event shall any site visit, observation or testing by the Administrative Agent or any other Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Company nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. The Neither the Administrative Agent nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors Company or any other party against, or to inform the Indemnitors Company or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Administrative Agent and any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Company reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the BorrowerCompany’s use of the Property in exercising any rights provided in this Section 1paragraph 5. The Administrative Agent’s rights under this Indemnity are for the purpose of protecting and preserving the value of its collateral, and neither the Administrative Agent or any Indemnified Party shall be considered an operator of the Property by virtue of exercising its rights hereunder.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties and their agents and representatives The Beneficiary shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of performing appraisals, observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there . Neither the Beneficiary nor the Trustee shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation observation, or testing by any Indemnified Party the Beneficiary shall impose any liability on any Indemnified Partythe Beneficiary or the Trustee except in the event of gross negligence, wilful misconduct, or bad faith of either of such Persons. In no event shall any site visit, observation observation, or testing by any Indemnified Party the Beneficiary be a representation that Hazardous Substances Materials are or are not present in, on on, or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance Requirement of Law pertaining to Hazardous Substances Materials or any other applicable governmental lawotherwise. Neither the Borrower Trustor nor any other party is entitled to rely on any site visit, observation observation, or testing by any Indemnified Partythe Beneficiary. The Indemnified Parties Beneficiary does not owe no any duty of care to protect the Indemnitors Trustor or any other party against, or to inform the Indemnitors Trustor or any other party of, any Hazardous Substances Materials, violations or noncompliance with any Environmental Laws or other Requirements of Law or any other adverse condition affecting the Property, provided . Except during the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness existence of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results an Event of any site visit, observation or testing by any Indemnified Party which are disclosed to the IndemnitorsDefault, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Beneficiary shall give the Borrower Trustor reasonable notice before entering the Property. Such Indemnified Party Except during the existence of an Event of Default, the Beneficiary shall make reasonable efforts to avoid interfering with the Borrower’s Trustor's use of the Property in exercising any rights provided in this Section. The Beneficiary shall not be deemed to be a "mortgagee in possession" as a result of any entry onto the Property or any other action taken by the Beneficiary pursuant to this Section 14.12. Although the Beneficiary has no duty to do so, Beneficiary may send to Trustor copies of its reports of site visits, observations, and testing. Trustor agrees that no such furnishing of copies shall impose any liability on the Beneficiary or a course of conduct that Beneficiary is obligated to send any such reports.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Beneficiary and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Beneficiary has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Beneficiary, its agents or representatives shall impose any liability on any Indemnified Partyof Beneficiary, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Beneficiary, its agents or representatives be a representation that Hazardous Substances Materials are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials or any other applicable governmental law. Neither the Borrower Grantor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Beneficiary, its agents or representatives except as provided in the next sentence. The Indemnified Parties Provided that no Event of Default has occurred and is continuing hereunder, Beneficiary shall provide Grantor with copies of all reports related thereto for which Beneficiary has paid the costs, and, if such reports are to be furnished to Grantor, all reports shall be made to the benefit of Grantor so that Grantor can rely on such reports to the same extent as Beneficiary. Except as otherwise set forth in the Environmental Indemnity Agreement, neither Beneficiary, its agents or representatives owe no any duty of care to protect the Indemnitors Grantor or any other party against, or to inform the Indemnitors Grantor or any other party of, any Hazardous Substances Materials or any other adverse condition affecting the Property, provided . Except in the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness event of any such report or findings that may be disclosed. The Indemnitors also understand thatemergency, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Beneficiary shall give the Borrower Grantor reasonable notice before entering the Property. Such Indemnified Party Beneficiary shall make reasonable efforts to avoid interfering with the Borrower’s Gxxxxxx's use of the Property in exercising any rights provided in this Section 15.12. In the event that any provision set forth in Section 4 of the Environmental Indemnity Agreement conflicts with this Section 5.12, Section 4 of the Environmental Indemnity Agreement shall control.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation The Lender and any of the provisions of this Agreement are present on the Property, the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice and during normal business hours notice, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default as defined in the Credit Agreement, or where the Lender has a reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples, and conducting tests on ) as they shall deem appropriate. Neither the Lender nor any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Lender or any other Indemnified Party shall impose any liability on any the Lender or such other Indemnified Party. In no event shall any site visit, observation or testing by the Lender or any other Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Indemnitor nor any other party is entitled to rely on any site visit, observation or testing by the Lender or any other Indemnified Party. The Neither the Lender nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors Indemnitor or any other party against, or to inform the Indemnitors Indemnitor or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Lender and any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Indemnitors reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Indemnitors' use of the Property in exercising any rights provided in this Section 1paragraph 5.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties and their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s and any tenant’s use of the Property in exercising any rights provided in this Section 1.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Portsmouth, Ohio Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the Borrower’s Xxxxxxxxx's use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties and their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, visit observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower Indemnitors nor any other party is parties are entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, against any Hazardous Substances or any other adverse condition affecting the Property, provided the . Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by Indemnified Parties in the Indemnified Partiesevent any Hazardous Substances are found as a result of such site visit observation or testing. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property in accordance with the terms of Section 6.9 of the Credit Agreement for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other I-13 applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the BorrowerMortgagor’s use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Xxxxxxxxx or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting New Philadelphia, Ohio the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the Borrower’s Xxxxxxxxx's use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the The Indemnified Parties and their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower Indemnitor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors Indemnitor or any other party against, or to inform the Indemnitors Indemnitor or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors Indemnitor or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand Indemnitor understands and agree agrees that the Indemnified Parties make no representation or warranty to the Indemnitors Indemnitor or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors Indemnitor also understand understands that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the IndemnitorsIndemnitor, the Indemnitors Indemnitor may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors Indemnitor without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s Mortgagor's use of the Property in exercising any rights provided in this Section 1.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation The Mortgage Notes Indenture Trustee and any of the provisions of this Agreement are present on the Property, the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice and during normal business hours notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event Default (as defined in the Indenture), or where the Mortgage Notes Indenture Trustee has a reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples, and conducting tests on ) as they shall deem appropriate. Neither the Mortgage Notes Indenture Trustee nor any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party shall impose any liability on any the Mortgage Notes Indenture Trustee or such other Indemnified Party. In no event shall any site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Company nor any other party is entitled to rely on any site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party. The Neither the Mortgage Notes Indenture Trustee nor any of the other Indemnified Parties owe no duty any duly of care to protect the Indemnitors Company or any other party against, or to inform the Indemnitors Company or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Mortgage Notes Indenture Trustee and any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Company reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Company's use of the Property in exercising any rights provided in this Section 1paragraph 5.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property at any reasonable time during normal business hours for the purposes of observing the Propertyit, performing appraisals, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessmentit. Indemnified Parties’ access and other rights shall be subject to the rights of tenants Mortgagee is under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing any such acts by any Indemnified Party Mortgagee shall impose any liability on any Indemnified Partybe solely for the purposes of protecting Mortgagee's security and preserving Mortgagee's and Trustee's rights under the Loan Documents. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee be a representation that Hazardous Substances Materials are or are not present in, on on, or under the PropertyLand or Improvements, or that there has been any construction is free from defective materials or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental lawworkmanship. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified PartyMortgagee. The Indemnified Parties owe Mortgagee owes no duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials, any negligent or defective design or construction of the Improvements, or any other adverse condition affecting the Property, provided the Indemnified Parties . Mortgagee shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Mortgagor, at Mortgagor's request, any other party any written report or findings made prepared by any third party (the cost of which is borne by Mortgagor) as a result of, or in connection with, any site visit, observation or testing by made at the Indemnified Partiesrequest of Mortgagee, unless such third party reasonably objects to such disclosure. The Indemnitors understand and agree that Prior to entering the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truthProperty under this Section, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Propertyof its intent to enter. Such Indemnified Party Mortgagee shall make exercise reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in connection with the activities permitted under this Section. Section 13.17.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation The Administrative Agent and any of the provisions of this Agreement are present on the Property, the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice and during normal business hours notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default (as defined in the Construction Loan Agreement), or where the Administrative Agent has a reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples, and conducting tests on ) as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Administrative Agent or any other Indemnified Party shall impose any liability on any the Administrative Agent or such other Indemnified Party. In no event shall any site visit, observation or testing by the Administrative Agent or any other Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Indemnitors nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. The Neither the Administrative Agent nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Administrative Agent and any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Indemnitors reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Indemnitors’ use of the Property in exercising any rights provided in this Section 1paragraph 5. The Administrative Agent’s rights under this Indemnity are for the purpose of protecting and preserving the value of its collateral, and neither the Administrative Agent or any Indemnified Party shall be considered an operator of the Property by virtue of exercising its rights hereunder.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the The Indemnified Parties and their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property in accordance with the terms of Section 6.9 of the Credit Agreement for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the BorrowerMortgagor’s use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the Borrower’s Mortgagor's use of the Gratiot Center, Saginaw, Michigan Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Beneficiary and their its agents and representatives and the other Indemnified Parties (as such term is defined in the Loan Agreement), shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, performing appraisals, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation observation, or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation observation, or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on on, or under the Property, or that there has been or shall be compliance with any law, regulation regulation, or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower Trustor nor any other party is entitled to rely on any site visit, observation observation, or testing by any Indemnified Party. The Except as required by law, Indemnified Parties owe no duty of care to protect the Indemnitors Trustor or any other party against, or to inform the Indemnitors Trustor or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. Unless required by law, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors Trustor or any other party any report or findings made as a result of, or in connection with, any site visit, observation observation, or testing by the Indemnified Parties. The Indemnitors understand Trustor understands and agree agrees that the Indemnified Parties make no representation or warranty to the Indemnitors Trustor or any other party regarding the truth, accuracy accuracy, or completeness of any such report or findings that may be disclosed. The Indemnitors Trustor also understand understands that, depending on the results of any site visit, observation observation, or testing by any Indemnified Party which are disclosed to the IndemnitorsTrustor, the Indemnitors Trustor may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Partiesresults. Any Indemnified Party shall give the Borrower Trustor reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the BorrowerTrustor’s use of the Property in exercising any rights provided in this Section 1Section. In connection with any such site visit, observation, or testing, Trustor shall have any rights with respect to the release and/or disclosure of Environmental Reports (as such term is defined in the Loan Agreement).

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior time, after giving reasonable notice and during normal business hours to Moxxxxxxx, to enter and visit the Property for the purposes of performing appraisals, observing the Property, taking and removing soil or groundwater environmental samples, and conducting tests on any part of the Property; provided. Mortgagor shall reimburse Mortgagee on demand for the costs of any such environmental investigation and testing. Mortgagee will make reasonable efforts during any site visit, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject observation or testing conducted pursuant this Paragraph to the rights of tenants under leases avoid interfering with Moxxxxxxx'x use of the Property. The Indemnified Parties have Mortgagee is under no duty, however, to visit or observe the Property or to conduct tests, and no any such acts by Mortgagee will be solely for the purposes of protecting Mortgagee's security and preserving Mortgagee's rights under this Mortgage. No site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result ofthereof ("Environmental Report") (i) will result in a waiver of any default of Mortgagor; (ii) impose any liability on Mortgagee; or (iii) be a representation or warranty of any kind regarding the Property (including its condition or value or compliance with any laws) or the Environmental Report (including its accuracy or completeness). In the event Mortgagee has a duty or obligation under applicable laws, regulations or other requirements to disclose an Environmental Report to Mortgagor or any other party, such Mortgagor authorizes Mortgagee to make such a disclosure. Mortgagee may also disclose an Environmental Report to any regulatory authority, and to any other parties as necessary or appropriate in connection with, Mortgagee's judgment. Moxxxxxxx xurther understands and agrees that any Environmental Report or other information regarding a site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are is disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one such Mortgagor by Mortgagee or more environmental agencies of the results its agents and that such reporting requirements are site-specific and are representatives is to be evaluated (including any reporting or other disclosure obligations of Mortgagor) by the Indemnitors such Mortgagor without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1Mortgagee.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon not less than 24 hours prior notice and during normal business hours to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the BorrowerMortgagor’s use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties and their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation The Mortgage Notes Indenture Trustee and any of the provisions of this Agreement are present on the Property, the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice and during normal business hours notice, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default as defined in the Indenture, or where the Mortgage Notes Indenture Trustee has a reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples, and conducting tests on ) as they shall deem appropriate. Neither the Mortgage Notes Indenture Trustee nor any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party shall impose any liability on any the Mortgage Notes Indenture Trustee or such other Indemnified Party. In no event shall any site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Company nor any other party is entitled to rely on any site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party. The Neither the Mortgage Notes Indenture Trustee nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors Company or any other party against, or to inform the Indemnitors Company or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Mortgage Notes Indenture Trustee and any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Company reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Company's use of the Property in exercising any rights provided in this Section 1paragraph 5.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties Mortgagee and their its agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samplessamples is required, and in such case, conducting tests such tests) on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes . Mortgagee has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives shall impose any liability on any Indemnified Partyof Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Mortgagee, its agents or representatives be a representation that Hazardous Substances Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Materials of Environmental Concern or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Clarksville Place, Indiana Mortgagee, its agents or representatives. The Indemnified Parties Neither Mortgagee, its agents or representatives owe no any duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Materials of Environmental Concern or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party Mortgagee shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party Mortgagee shall make reasonable efforts to avoid interfering with the Borrower’s Mortgagor's use of the Property in exercising any rights provided in this Section 15.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation The Administrative Agent and any of the provisions of this Agreement are present on the Property, the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice and during normal business hours notice, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default (as defined in the Credit Agreement), or where the Administrative Agent has a reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples, and conducting tests on ) as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Administrative Agent or any other Indemnified Party shall impose any liability on any the Administrative Agent or such other Indemnified Party. In no event shall any site visit, observation or testing by the Administrative Agent or any other Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Company nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. The Neither the Administrative Agent nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors Company or any other party against, or to inform the Indemnitors Company or any other party of, any Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or Administrative Agent and any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Company reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Company's use of the Property in exercising any rights provided in this Section 1paragraph 5.

Site Visits, Observation and Testing. If Indemnified Parties Mortgagee and its agents ------------------------------------ and representatives shall have a the right at any reasonable basis time to suspect that Hazardous Materials in violation enter and visit the Property for the purpose of performing appraisals. In addition, each person indemnified by Mortgagor hereunder or under Section 11.22 of the provisions of this Loan Agreement are present on the Property(collectively, the "Indemnified Parties Parties") and their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property; provided, however, that there shall be no more than one . The Indemnified -27- Parties agree to conduct such assessment per Property per 12-month period, unless Agent reasonably believes appraisals and tests in such a Material Adverse Changes has occurred which warrants a new assessment. Indemnified Parties’ access and other rights shall be subject manner as to the rights of tenants under leases of minimize interference with business operations on the Property, and no tests will be conducted which unreasonably interfere with such business operations. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances Materials are or are not present in, on on, or under the Property, or that there has been or shall be compliance with any lawHazardous Materials Law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Material or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Mortgagor reasonable notice before entering the Property. Such In addition to the other requirements of this Section 5.13, the Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s Mortgagor's use of the Property in exercising any rights provided in this Section 1Section.