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defined as "hazardous substances,""hazardous waste,""toxic substances,"or"toxic waste" <br /> under any other federal law or under any state, county, municipal, or other law applicable <br /> to the Property or under any regulations promulgated under any such law; <br /> (c) Petroleum and petroleum products including crude oil and any fractions thereof, <br /> (d) Asbestos; and <br /> (e) Natural gas, synthetic gas, and any mixtures thereof. <br /> 9. Construction of Agreement, Further Documents, Amendments. This Agreement <br /> shall be construed according to its fair meaning and as if prepared by both parties hereto, <br /> and shall be deemed to be and contain the entire understanding between the parties. Each <br /> of the parties agrees to execute such documents as are necessary to complete the terms <br /> and provisions of this Agreement. No alteration of this Agreement shall be binding on the <br /> parties until reduced to writing and signed by all the parties. <br /> 10. Time of Essence, Default. It is further understood and agreed that time is of the <br /> essence of this Agreement. Should Permittee fail to make any of the payments or perform <br /> any of the covenants, agreements, or terms and conditions herein provided, this <br /> Agreement shall be forthwith canceled, terminated and forfeited, and all payments <br /> theretofore made shall be kept by Owner without notice to Permittee. The foregoing <br /> provision shall not be the sole remedy of Owner; and Owner may elect to pursue an action <br /> either at law or in equity for specific performance, or for damages, or any combination of <br /> such remedies, this provision in no way limits the recourse of Owner against Permittee for <br /> default under the terms hereof. Should Owner bring a court action, or should it employ an <br /> attorney to enforce any of the terms provided in this Agreement, Permittee expressly <br /> agrees to pay all attorney fees, court costs, expert witness fees and any and all other costs <br /> incurred by Owner in enforcing the terms, conditions, provisions or agreements of this <br /> Agreement. <br /> 11. Binding Effect, Assignment. This Agreement shall be binding upon and inure to <br /> the benefit of the heirs, successors, personal representatives, and assigns of the parties <br /> hereto; provided that this Agreement may not be assigned by Permittee. <br /> 12. Notices. Any notice, demand, consent, authorization or other communication <br /> (collectively, "Notice") which either party is required or may desire to give to or make upon <br /> the other party pursuant to this Agreement shall be effective and valid only if in writing, <br /> signed by the party giving such Notice, and delivered personally (upon an officer, general <br /> partner, managing venturer, or officer of a general partner of the other party if such party is <br /> not an individual) to the other party or sent by express-courier or delivery service or by <br /> registered or certified mail of the United States Postal Service, return receipt requested, <br /> postage or delivery charge prepaid, addressed to the other party as follows (or to such <br /> other address or person as either party to person entitled to Notice may be notice to the <br /> other specify): <br /> Page 3 of 5 <br />