Agenda - 03-02-2006-8bDTC - Laserfiche WebLink

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classified by federal, State or local laws as hazardous or toxic substances, (C) that any manufacturing, landfilling or chemical production has occurred on the Mortgaged Property, or (D) that there is any asbestos or other contaminant on, in or ulzder the Mortgaged Property. {ll) To the County's knowledge, the Mortgaged Property is in compliance with all federal, State and local environmental laws and regulations. The County will keep the Mortgaged Property, and the activities at the Mortgaged Property, in compliance ti~Tith all such en~Tironlnental la«rs and regulations. The County will, in a timely manner, take all lau~~ful action necessary to maintain such compliance or to remedy any lack of such compliance. Any hazardous materials or substances kept on the Mortgaged Property uTill be used in the routine maintenance and operation of the Pledged Facility and the Pledged Site and will be used in accordance with label instructions. {111} The County will promptly notify the Company of any change in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Mortgaged Propert~r or used in connection therewith, and will promptly send to the Company copies of any citations, orders, notices or other material governmental or other communication received with respect to any other hazardous materials, substances, wastes or other environmentally regulated substances affecting the Mortgaged Property. (b) To the extent permitted b5' law, the County will indemlufy and hold the Company and the Deed of Tn~st Trustee harmless from and against (i} any and all damages, penalties, fines, claims, liens, suits, liabilities, costs (including clean- up costs), judgments and expenses {including attorneys', consultants' or experts' fees and expenses) of every kind and nature suffered by or asserted against the Company or the Deed of Trust Trustee as a direct or indirect result of an~j warranty or representation made by the County in subsection {a) being false or untrue in any material respect, or (ii) any requirement under any lau~• or regulation which requires the elimination or removal of any hazardous materials, substances, ti~Tastes or other environmentally regulated substances by the Company, the County or any transferee or assignee of the County of the Company. {c) The County's obligations under this Section will continue in effect nohvithstanding satisfaction of the Obligations or foreclosure under this Deed of Trust or delivery of a deed in lieu of foreclosure. 9336Ud' ~)