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Case 1:20-bk-12043 Doc 303-1 Filed 08/28/20 Entered 08/28/20 11:03:45 Desc
<br />Exhibit 1 A-1 and A-2 Page 31 of 38
<br />WINTRUST COMMERCIAL FINANCE
<br />RIDER NO. 3 TO EQUIPMENT SCHEDULE SERIES 001 NO. 01
<br />I?
<br />To and part of Equipment Schedule Series 001 No. 01 dated as of the _f_7 day of May, 2018 (the "Schedule"), executed
<br />pursuant to that certain Master Lease Agreement dated as of the _JZ day of May, 2018 (the "Lease"), each between
<br />WINTRUST COMMERCIAL FINANCE, a division of Wintrust Asset Finance Inc., its successors and assigns ("Lessor"),
<br />and Rhino Energy LLC, its successors and permitted assigns ("Lessee").
<br />ENVIRONMENTAL PROVISIONS.
<br />1. As used herein, the following terms shall have the following meaning:
<br />(a) "Adverse Environmental Condition": shall mean (i) the existence or the continuation of the existence, of an
<br />Environmental Contamination (including, without limitation, a sudden or non -sudden accidental or non-accidental
<br />Environmental Contamination), of, or exposure to, any substance, chemical, material, pollutant, Hazardous
<br />Substance, odor or audible noise or other release or emission in, into or onto the environment (including without
<br />limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental
<br />aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any
<br />Equipment, or (iii) the violation, or alleged violation, of any Environmental Law, permits or licenses of, by or from
<br />any governmental authority, agency or court relating to environmental matters connected with any of the
<br />Equipment.
<br />(b) "Affiliate" shall mean, with respect to any given person, any person that directly or indirectly through one or more
<br />intermediaries, controls, or is controlled by, or is under common control with, such person.
<br />(c) "Environmental Claim" shall mean any accusation, allegation, notice of violation, claim, demand, abatement or
<br />other order or direction (conditional or otherwise) by any governmental authority or any person for personal injury
<br />(including sickness, disease or death), tangible or intangible property damage, damage to the environment or
<br />other adverse effects on the environment, or for fines, penalties or restrictions, resulting from or based upon any
<br />Adverse Environmental Condition.
<br />(d) "Environmental Contamination" shall mean any actual or threatened release, spill, emission, leaking, pumping,
<br />injection, presence, deposit, abandonment, disposal, discharge, dispersal, leaching or migration into the indoor or
<br />outdoor environment, or into or out of any of the Equipment, including, without limitation, the movement of any
<br />Hazardous Substance or other substance through or in the air, soil, surface water, groundwater or property.
<br />(e) "Environmental Law" shall mean any present or future Federal, foreign, state or local law, ordinance, order, rule or
<br />regulation and all judicial, administrative and regulatory decrees, judgments and orders, pertaining to health,
<br />industrial hygiene, the use, disposal or transportation of Hazardous Substances, Environmental Contamination, or
<br />pertaining to the protection of the environment, including, but not limited to, the Comprehensive Environmental
<br />Response, Compensation, and Liability Act ("CERCLA") (42 U.S.C. §9601 et sem.), the Hazardous Material
<br />Transportation Act (49 U.S.C. §1801 et seq.), the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et
<br />sec.), the Resource Conservation and Recovery Act (42 U.S.C. §6901 et sec.), the Clean Air Act (42 U.S.C.
<br />§7401 et seg.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seg.), the Federal Insecticide, Fungicide,
<br />and Rodenticide Act (7 U.S.C. §1361 et sec.), the Occupational Safety and Health Act (19 U.S.C. §651 et sec.),
<br />the Noise Control Act of 1972 (42 U.S,C. §4901 et sec..), and the Hazardous and Solid Waste Amendments (42
<br />U.S.C. §2601 et seg), as these laws have been or may be amended or supplemented, and any successor
<br />thereto, and any analogous foreign, state or local statutes, and the rules, regulations and orders promulgated
<br />pursuant thereto.
<br />(f) "Environmental Loss" shall mean any loss, cost, damage, liability, deficiency, fine, penalty or expense (including,
<br />without limitation, reasonable attorneys' fees, engineering and other professional or expert fees), investigation,
<br />AJM 3091671 v.1 5/20/2016 11:27 AM
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