Agenda - 11-16-1993 - VIII-A (2)

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5L containing asbestos, except, however, with respect to certain amounts of asbestos or asbestos containing materials with respect to the Project and any Improvements only and as specifically set forth in that certain Phase I Environmental Site Assessment prepared by [NAME OF FIRM] and delivered to the Corporation on [DATE]) located on, in or under the Project and any Improvements or used in connection therewith (except as may be necessary in connection with any normal and customary use of the Project and any Improvements, which the Corporation warrants will be stored,handled,used and disposed of properly)and(B) the Corporation has duly disclosed to the Trustee in writing the existence, extent and nature of any such hazardous materials, substances, wastes or other environmentally regulated substances, which the Corporation is legally authorized and empowered to maintain on, in or under the Project and any Improvements or use in connection therewith,and the Corporation has obtained and will maintain all licenses, permits and approvals required with respect thereto, and is in full compliance with all of the terms, conditions and requirements of such licenses, permits and approvals. The Corporation further warrants and represents that it will promptly notify the Trustee of any change in the nature or extent of any hazardous materials, substances or wastes maintained on, in or under the Project and any Improvements or used in connection therewith, and will transmit to the Trustee copies of any citations, orders, notices or other materials, substances, wastes or other environmentally regulated substances affecting the Project and any Improvements. (b) The Corporation shall indemnify and hold the Trustee and the Owners from and against 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 Trustee or the Owners as a direct or indirect result of any warranty or representation made by the Corporation in Section 6.3(a) being false or untrue in any material respect, whether or not the Corporation had knowledge that such warranty or representation was false or untrue, or any requirement under any law, regulation or ordinance, local, state or federal, which requires the elimination or removal of any hazardous materials, substances, wastes or other environmentally regulated substances by the Corporation, the Trustee or the Owners, or the breach by the Corporation of any covenant contained in paragraph (a). (c) This Section shall survive the termination of this Indenture. [End of Article VII] 32