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<br /> --.---------.---.--.- <br /> . <br /> I <br /> -. <br /> shall (A) not permit any Hazardous Material to be Used or otherwise released on, under, <br /> or in the land, (8) comply, and shall cause all other persons to comply, with all I <br /> Environmental Laws applicable to the project and (C) notifY Purchaser immediately and <br /> in writing of any proceedings, actions, suits, or claims pending or tbrealened against <br /> Seller relating to any 'riolation or alleged violation of any Environmental Laws with I <br /> respect to the same. <br /> (b) Seller shall indemnify and hold harmless Purchaser from and against all damages, I <br /> loss, costs, actions, causes of actions and reasonable attomeys, fees and expenses arisi!1g out of a <br /> breach of the foregoing wammties and representations. <br /> (c) As used herein, I <br /> (i) "Hazardous Material" shall be defined as any substance, waste, or I <br /> material now or hereafter determined by any Governmental Authority to pose a <br /> risk of injury to health. safety and/or property, including but not limited to (A) all <br /> materials, wastes and substances now or hereafter designated as hazardous or I <br /> toxic by the United States Environmental Protection Agency, the United States <br /> Department of Labar, the United States Departmenl of Transportation or any other <br /> Governmental Authority, (8) all materials, wastes and substances now or eI <br /> hereafter designated or defined as hazardous, extremely hazardous or toxic <br /> pursuant to the Comprehensive Environmental Response, Compensation and <br /> Liability Act (42 U.S.C. 9601, et seq.), the Resource Conservation and Recovery I <br /> Act (42 U.S,C. 6901 et seq.), or any other Environmental Laws, and (C) asbestos, <br /> urea formaldehyde, polychlorinated biphenyls, and petroleum products. <br /> (ii) "Environmental Laws" shall be defined as all present or future I <br /> laws, statutes, treaties, rules, regulations, orders, ordinances, permits, licenses, <br /> judgments or decrees enacted by any Governmental Authority to regulate any I <br /> materials, wastes and/or substances in the environment. <br /> (5) Seller possesses good and marketable fee simple title to the Property (or is I <br /> a party to a valid and binding contracl to acquire such title and will do so on or before <br /> Closing and sba1l1l:ansfer title to the same to Purchaser by speeial wammty deed (the <br /> "Deed") dated as ofthe Closing, subject only to the Permitted Exceptions. I <br /> (6) The Land is assessed as a separate tax parcel by the taxing authorities <br /> having jurisdiction thereof. I <br /> (7) Seller is not a "foreign corporation, "foreign partnership" or "foreign <br /> estate" as those tenns are defined in the Internal Revenue Code of 1986, as amended, and I <br /> that Seller will furnish to Purchaser a so-called "FIRPT A" certificate verifYing the <br /> foregoing. -. <br /> 5 I <br /> 9O.d 6t>Ol. lZ6 GTS '~'d '3~'3a ~ A3;a~8 t>O:>:T l.66T-6T-d3S <br /> --.-...------- <br />