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<br />1212/17/99 11 : 4121 <br /> <br />RYAN COMPANIES ~ 612491212931 <br />612 631 5969 <br /> <br />NO.46121 PI2I1121/12111 <br /> <br />-, , <br /> <br />." <br /> <br />e2/17/1999 IB:B9 <br /> <br />612-631-5969 <br /> <br />PAGE 1:1'3 <br /> <br />may be present on the property, and indeJJUJifies. holds harmless and hereby waives. releases and djscharges <br />forever Seller ti"om any and an present or future claims or demands, and any and all damages. loss. injury, <br />liability) clllims or costs, in.cluding fines. penalties and judgments, and attorney's fees. arising from or in any <br />way related to the condition of the property or alleged presence, use, storage, generation, manufacture, <br />transport, release, 1~ spill, disposal or other handling of any hazardous substances or contaminants in, on <br />or under the propeny. Losses shall include without limitation (a) the cost of any investigation, removal. <br />remedial or other response action that is required by any Enviromnental Law. that is required by judicia! <br />order or by order of or agreement with any governmental authority, or that is necessary or otherwise is <br />reasonable under the circumstances, (b) capitaJ expenditures necessary to cause the Seller remaining propCTty <br />or the operations or business of the Seller on its remaining property to be in compliance with the <br />requirements of any Environmenw Law, (c) Losses for injury or death of any pem>rl, and (d) Losses arising <br />under any Environmental Law enacted after transfu-. Tbe rights of SeUer under this section shall be in <br />addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or <br />otherwise. This indemnity specifically inc.ludes the obligation of Buyer to remove) close, remediate, <br />reimburse or take other actions requested OT required by any goverrunentaJ agency concerning any hazardous <br />substances or contaminants on the property. <br /> <br />The term "Environmental Law" means any federal, stale OT local statute, regulation, code, rule, <br />ordinance, order, judgment, decree, injunction OT common law pertaining in any way to the protection of <br />human health or the mviromnent, including without limita1ion, the Resource Conservation and Recovery <br />Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances <br />Control Act, and any similar or comparable state or loca11aw. <br /> <br />The term "Hazardous Substance" means any hazardous, to'tic, radioactive or jnfectious substance, <br />materia] or waste as defined. listed or regulated under any Environmental Law, and includes without <br />limitation, petroleum oil and any of its fi1ictions. <br /> <br />28. Buyer acknowledges that a. material consideration for this agreement, without which it would not be <br />made, is the agreement between Buyer and SeHer, thai the Buyer shall also pay, at closing, a <br />processing/administrative fee in the amount of$1,000.00, over and above the agreed upon sale price. <br /> <br />29. The parties agree the terms, conditioJJS. and addendum provisions of this. agreement shall survive <br />closing. <br /> <br />BUYER MUST CLEARLY SET FORTH FULL AND CORRECT NAMES OR PARTY OR <br />PARTIES TO WHOM TITLE WILL BE CONVEYED~ THEIR ADDRESS, THEIR <br />RELA TIONSHIP, IF ANY, AND WHETHER CONVEYANCE IS TO BE IN JOfNT TENANCY OR <br />OTHERWISE~ AND IF A COMPANY, WHETHER IT IS A PARTNERSHlPy TRUST, TRUSTEE <br />OR CORPORATION, ADDRESS OF PRINCIPAL OFFICE A!~D STATE OF INCORPORATION <br /> <br />6 <br /> <br />~ <br />