|
I
<br /> I
<br /> I
<br /> 1,1,13 Enviromnental Consultant,The Enviromnental Consultant described in Section 4.6,
<br /> 1.1.14 Environmental Law,Any federal,state,or local law,statute,code,enactment, ordinance,rule,
<br /> regulation, permit,consent, approval, authorization, license,judgment, order,writ,decree,injunction, common law
<br /> (including without limitation the common law respecting nuisance and tortious liability),or other requirement having
<br /> the force and effect of law or regulation, relating to the protection of human health and safety,occupational health
<br /> and safety, the environment or natural resources and wildlife,including without limitation(i)emissions,discharges,
<br /> spills, Releases or threatened Releases of Hazardous Substances into ambient air, surface water, ground water,
<br /> watercourses,publicly or privately owned treatment works,drains,sewer systems, wetlands, or septic systems; (ii)
<br /> the use, treatment, storage, disposal, handling, manufacturing, transportation or shipment of Hazardous
<br /> Substances; and (iii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980
<br /> ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Mimesota Environmental
<br /> Response and Liability Act("MERLA"), the Clean Ai Act and the Clean Water Act,the Safe Drinking Water Act
<br /> and the Solid Waste Disposal Act, all as amended and in effect on the Closing Date and any regulations
<br /> promulgated thereunder.
<br /> 1,1,15 Environmental Matters,Any obligation or liability arising under any Environmental Law.
<br /> 1,1,16 Escrow Agreement, The Escrow Agreement of even date herewith among Seller,Buyer,and
<br /> Title Company referred to in Section 3 in the foam of Exhibit A attached hereto.
<br /> 1.1,17 Guarantor or Guarantors.Each guarantor of any of a Tenant's duties and obligations under such
<br /> Tenant's Lease,
<br /> 1,1,18 Guaranty or Guaranties, Each guaranty of all or any of a Tenant's duties and obligations under
<br /> such Tenant's Lease.
<br /> l,1,19 Hazardous Substance. Any substance which is (i) defined as a hazardous substance,
<br /> hazardous material, hazardous waste, pollutant, contaminant, or extremely or imminently hazardous substance or
<br /> material under any Environmental Law,(ii)petroleum and petroleum products including crude oil and any fraction
<br /> thereof,PCBs, asbestos, natural gas,synthetic gas, and any mixtures or derivatives of the above,(iii)dangerous,
<br /> toxic, flammable, corrosive, radioactive, infectious, toxic or carcinogenic, or (iv) regulated pursuant to any
<br /> Environmental Law,
<br /> 1.1.20 Improvements. The Buildings)and any otherbuildings, structures, and improvements located
<br /> on the Land,including Seller's interest in all systems, facilities, fixtures, machinery, equipment,or conduits to pro-
<br /> vide fire protection, security, heat, exhaust, ventilation, air conditioning, electrical power, light, plumbing,
<br /> refrigeration, gas, sewer, or water thereto (including all replacements or additions thereto between the Contract
<br /> Date and the Closing Date).
<br /> 1.1,21 Intangible Property.All intangible property,trade names,trademarks,and service marks owned
<br /> or controlled by Seller relating to the Land or Improvements, specifically including the name Lexington Shoppes,
<br /> if owned by Seller,except those,if any,hereinafter reserved to Seller.
<br /> 1,1,22 Land, All those tracts or parcels of land described in Exhibit B attached hereto and all
<br /> privileges,rights,rights of way,easements, hereditaments, and appurtenances thereto belonging,and all right,title
<br /> and interest of Seller in and to any streets,alleys,passages, and other rights of way included therein or adjacent
<br /> thereto(before or after the vacation thereof),
<br /> 1.1,23 Lease,Leases.Each lease of space or property within the Improvements in force and effect as
<br /> Page 2 of 38
<br />
|