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09/04/2009 12:10 209-9562 CBSJ • PAGE 00 ��(a hazardous or toxic under applicable laws.) BORROWER does not presently, and will not in the future, use, store,manufacture, generate, transport to or from, or dispose of any toxic substances,hazardous materials, hazardous waste, radioactive materials, flammable explosives or related material on or in connection with BORROWER's business premises, except as otherwise hereafter agreed in writing by LENDER. BORROWER further warrants, represents and covenants that as to the Permitted Toxic Materials,BORROWER shall obtain and continue to maintain all necessary permits and approvals for the Permitted Toxic Materials and comply with all laws,ordinances,rules and regulations, and all permits and approvals issued thereunder pertaining thereto. BORROWER shall not seek, make or consent to any change in the zoning, conditions of use or any other applicable land use pemrits, approvals or regulations pertaining to BORROWER's business premises, or any portion thereof, which would constitute a violation of the warranties and representations herein contained or would change the nature of the use or occupancy of BORROWER's business premises. (d) OBLIGORS have received, or have had the opportunity to receive, independent legal advice from attorneys of that party's choice with respect to the advisability of executing this Forbearance Agreement and releases provided for herein, and prior to the execution of this Forbearance Agreement by each party,that party s attorney reviewed this Forbearance Agreement and discussed the Forbearance Agreement with the party,and the party has made all desired changes, (e) Except as expressly stated in this Forbearance Agreement,no party hereto has made any statement or representation to any other party hereto regarding any fact relied upon by said party in entering into this Forbearance Agreement, and each party hereto specifically does not rely upon any statement,representation or promise of any other party hereto in executing this Forbearance Agreement, except as expressly stated in this Forbearance Agreement. (f) Each party and/or the attorneys for each party to this Forbearance Agreement has made such investigation of the facts pertaining to this Forbearance Agreement, and all of the related matters, as he,she or it deems necessary, (g) The terms of this Forbearance Agreement are contractual and not merely recitals. (h) This Forbearance Agreement, and each of the Exhibits to it which constitutes a written agreement to be executed,has been carefully read by the Parties, and the contents hereof are known and understood by, and each party executing this Forbearance Agreement.Each Party executing any such document does so freely. Each Party executing this Forbearance Agreement in a representative capacity is empowered, and duly authorized to do so. (i) The persons and/or entities giving releases pursuant to this Forbearance Agreement jointly and severally,represent and warrant that they are the sole and, lawful owners of all right, title and interest in and to every claim and other matter Page 7 of 23