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<br /> DEC-12-l'397 10:~2 BRADLEY & DELVE, P.A. 61.2 926 5743 P.07
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<br /> (2) There are no pending or, to the best of Seller's knowledge, threatened I
<br /> actions, suits, condemnation or other proceedings before or by any judicial body or any ..
<br /> governmental authority, against or affecting Seller or the Property.
<br /> (3) Seller has the present full authority and power to execute this Agreement I
<br /> and to close the sale of the Property.
<br /> (4) (a) (i) Neither the Property nor any portion of the Project has ever been I
<br /> used by Seller to generate, manufacture, refine, transport, treat, store, handle, or dispose
<br /> of (collectively, "Use") any "Hazardous Material" (as hereinafter defined), (ii) Seller has
<br /> no actual knowledge of the use of any Hazardous Material on, under, or in the Property or .
<br /> any portion of the Project, except as may be stated in the environmental assessment
<br /> referenced in Section 10, (iii) Seller has no actual knowledge of any actions, claims, suits,
<br /> or proceedings pending or threatened against Seller or the Property or any portion of the I
<br /> Project which relate to any violation or alleged violation of any "Environmental Laws"
<br /> (as hereinafter defined); and (iv) so long as Seller retains an interest in the project, Seller
<br /> shall (A) not permit any Haurdous Material to be Used or otherwise released on, under, I
<br /> or in the land, (B) comply, and shall cause all other persons to comply, with all
<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 threatened against I
<br /> Seller relating to any violation or alleged violation of any Environmental Laws with
<br /> respect to the same.
<br /> (b) Seller shall indemnify and hold har.m1ess Purchaser from and against all damages, ~
<br /> loss, costs, actions, causes of actions and reasonable attorneys, fees and expenses arising out of a
<br /> breach of the foregoing warranties and representations. .
<br /> (c) As used herein,
<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 I
<br /> materials, wastes and substances now or haeaftc:r designated as hazardous or
<br /> toxic by the United States Environmental Protection Agency, the United States
<br /> Department of Labor, the United States Department of Transportation Of any other I
<br /> Governmental Authority, (B) all materials, wastes and substances now or
<br /> hereafter designated or defined as hazardous, extremely hazardous or toxic
<br /> pursuant to the Comprehensive Environmental Response, Compensation and I
<br /> Liability Act (42 U.S.C. 9601, et seq.), the Resource Conservation and Recovery
<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. I
<br /> (ii) "Environmental Laws" shall be defined as all present or future
<br /> laws, statutes, treaties, rules, regulations, orders, ordinances, pennits, licenses, I
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