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9b. Attachment C
<br />3. There are no underground or aboveground storage tanks on the Property;
<br />4.Neither the Seller nor any prior owner of the Property or any tenant, subtenant,
<br />occupant, prior tenant, prior subtenant, prior occupant or person (collectively,
<br />“Occupant”) has received any notice or advice from any governmental agency or
<br />any other Occupant with regard to Hazardous Materials on, from or affecting the
<br />Property.
<br />“Hazardous Materials”
<br />The term as used herein includes, without limitation, gasoline, petroleum
<br />products, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or
<br />toxic substances, polychlorinated biphenyls or related or similar materials, asbestos or any material
<br />containing asbestos, or any other substance or material as may be defined as a hazardous or toxic
<br />substance by any federal, state or local environmental law, ordinance, rule, or regulation including,
<br />without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act
<br />of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation
<br />Act, as amended (42 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act,
<br />as amended (42 U.S. C. Section 1251, et seq.), the Clean Air Act, as amended (42 U.S.C. Section
<br />7401, et seq.) and in the regulations adopted and publications promulgated pursuant thereto.
<br />The Seller’s representations and warranties set forth in this Section shall be continuing and are
<br />deemed to be material to the Buyer’s execution of this Purchase Agreement and the Buyer’s
<br />performance of its obligations hereunder.All such representations and warranties shall be true
<br />and correct on and as of the Closing Date with the same force and effect as if made at that time;
<br />and all of such representations and warranties shall survive the closing and any cancellation or
<br />termination of this Purchase Agreement, and shall not be affected by any investigation, verification
<br />or approval by any party hereto or by anyone on behalf of any party hereto.The Seller agrees to
<br />defend, indemnify and hold the Buyer harmless for, from, and against any loss, costs, damages,
<br />expenses, obligations and attorneys’ fees incurred should an assertion, claim, demand, action or
<br />cause of action be instituted, made or taken, which is contrary to or inconsistent with the
<br />representations or warranties contained herein.
<br />Closing Costs/Recording Fees/Deed Tax.
<br />10.The Buyer will pay: (a) the closing fees
<br />charged by the title insurance or other closing agent, if any, utilized to close the transaction
<br />contemplated by thisAgreement; (b) fees for title evidence obtained by Buyer;(c) title insurance
<br />premium costs; (c) the recording fee for the deed transferring title to the Buyer; and (d) any survey
<br />or environmental investigation costs incurred by it. The Seller will pay all other fees normally
<br />paid by sellers, including (a) any transfer taxes, recording fees and Well Disclosure fees required
<br />to enable the Buyer to record its deed fromthe Seller under this Agreementand (b) fees and charges
<br />related to the filing of any instrument required to make title marketable. Each party shall pay its
<br />own attorney fees.
<br />Inspections.
<br />11.From the date of this Agreement to the Closing Date, the Buyer, its
<br />employees and agents, shall be entitled to enter upon the Property to conduct such surveying,
<br />inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and
<br />testing of groundwater monitoring wells, as the Buyer shall elect; provided, thattheSeller is given
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