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Case 1:20-bk-12043 0 c 303(-1 il,gd 0$/2 /2t0 Entere WP/20 11:Q3:45 sc <br /> removal, cleanup and remedi�� olu i i v un %�jjr � ama es o loss o N use of or <br /> decrease in value of the Equipmen arising ou�o or r lea ed to aAr1�FAaverse`�"nvironmental Condition. <br /> (g) "Equipment" shall mean the Equipment described on all Schedules of this series. <br /> (h) "Hazardous Substances" shall mean and include hazardous substances as defined in CERCLA; oil of any kind, <br /> petroleum products and their by-products, including, but not limited to, sludge or residue; asbestos containing <br /> materials; polychlorinated biphenyls; any and all other hazardous or toxic substances; hazardous waste, as <br /> defined in CERCLA; medical waste; infectious waste; those substances listed in the United States Department of <br /> Transportation Table (49 C.F.R. §172.101); explosives; radioactive materials; and all other pollutants, <br /> contaminants and other substances regulated or controlled by the Environmental Laws and any other substance <br /> that requires special handling in its collection, storage, treatment or disposal under the Environmental Laws. <br /> 2. Lessee hereby represents, warrants and covenants that: (a) it has conducted, and will continue to conduct, its <br /> business operations, and throughout the term of the Lease will use the Equipment, so as to comply with all <br /> Environmental Laws; (b) as of the date hereof, and as of the date of execution of each Schedule, except as have been <br /> previously disclosed in writing by Lessee to Lessor, there are no Hazardous Substances generated, treated, handled, <br /> stored, transported, discharged, emitted, released or otherwise disposed of in connection with Lessee's use of the <br /> Equipment; and (c) Lessee has, and throughout the term of the Lease will continue to have, in full force and effect all <br /> Federal, state and local licenses, permits, orders and approvals required to operate the Equipment in compliance with <br /> all Environmental Laws. <br /> 3. Lessee agrees that if required to return the Equipment or any item thereof to Lessor or Lessor's agents, Lessee shall <br /> return such Equipment free from all Hazardous Substances and otherwise fully in compliance with all Environmental <br /> Laws. <br /> 4. Lessee shall fully and promptly pay, perform, discharge, defend, indemnify and hold harmless each Indemnitee from <br /> and against any Environmental Claim or Environmental Loss. <br /> 5. The provisions of this Rider shall survive any expiration or termination of the Lease. <br /> WINTRUST COMMERCIAL FINANCE, a division of <br /> Wintrust Asset Finance Inc. Rhino Energy LLC <br /> Lessor Lessee <br /> By: By: <br /> �✓v <br /> Name: Ryan Berla a Name: Wendell Scott Morris <br /> SVP-CreaIt Manager <br /> Title: Title: Vice President and CFO <br /> 2 <br /> AJM 3091671 v.1 5/20/2016 11:27 AM <br />