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environmental conditions on, under, or about the Property, including. but not limited
<br /> to, soil and groundwater conditions. To Seller's actual knowledge, without diligence.
<br /> inquiry or investigation, there are no underground storage tanks situated in the
<br /> Property nor have such tanks been previously situated thereon. Neither Seller, nor to
<br /> the best of Seller's actual knowledge, without diligence, inquiry or investigation, any
<br /> third party, has used, generated, manufactured" refined, produced, processed, stored or
<br /> disposed of on, or under the Property or transported to or from the Property any
<br /> Hazardous Materials in violation of Environmental Laws, nor does Seller intend to use
<br /> the Property prior to Closing for the purpose of generating manufacturing, refining,
<br /> producing, storing, handling,transferring, processing or transporting Hazardous
<br /> Materials in violation of Environmental Laws. As used herein,the term"Hazardous
<br /> Materials" shall mean: (i) those substances included within the definitions of any one
<br /> or more of the terms"hazardous materials,""hazardous wastes."'"hazardous
<br /> substances,""industrial wastes,"and"toxic pollutants,"as such terms are defined
<br /> under the Environmental Laws, or any of them; (ii)petroleum and petroleum products.
<br /> including, without limitation" crude oil and any fractions thereof; (iii)natural gas,
<br /> synthetic gas and any mixtures thereof. (iv)asbestos and or any material which
<br /> contains any hydrated mineral silicate. including,without limitation, chrysotile.
<br /> amosite, crocidolite, tremolite, anthophylite, and/or actinolite, whether friable or non-
<br /> friable, (v)polychlorinated biphenyl (``PCBs")or PCB-containing materials or fluids.
<br /> (vi) radon; (vii)any other hazardous or radioactive substance, material,pollutant,
<br /> contaminant, or waste; and (viii) any other substance with respect to which
<br /> any Environmental Law or governmental authority requires environmental
<br /> investigation, monitoring, or remediation. As used herein,the term
<br /> "Environmental Laws" shall mean all federal, state, and local laws. statutes.
<br /> ordinances, and regulations, now or hereafter in effect, in each case as amended or
<br /> supplemented from time to time, including, without limitation, all applicable judicial or
<br /> administrative orders, applicable consent decrees, and binding judgments relating to
<br /> the regulation and protection of human health, safety, the environment, and natural
<br /> resources(including,without limitation. ambient air, surface, water, groundwater,
<br /> wetlands, land surface or subsurface strata, wildlife,aquatic species, and vegetation).
<br /> including, without limitation, the Comprehensive Environmental Response,
<br /> Compensation, and Liability Act of 1980. as amended (42 U.S.C. § 9601 et seq.).the
<br /> Hazardous Material Transportation Act, as amended(49 U.S.C. §§ 5101 et seq.),the
<br /> Federal Insecticide. Fungicide, and Rodenticide Act, as amended (7 U.S.C. § 136 et
<br /> seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et
<br /> seq.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601 et seq.), the
<br /> Clean Air Act, as amended (42 U.S.C. § 7401 et seq.). the Federal Water Pollution
<br /> Control Act, as amended (33 U.S.C. § 1251 et seq).the Safe Drinking Water Act, as
<br /> amended (42 U.S.C. § 300f et seq.),any state or local counterpart or equivalent of any
<br /> of the foregoing, and any federal, state, or local transfer of ownership notification or
<br /> approval statutes;
<br /> 9.4. No representation, warranty. or statement made herein by Seller
<br /> contains any untrue statement of any material fact or omits to state any material fact
<br /> necessary in order to make such representation, warranty, or statement not misleading;
<br /> 9.5. Seller is duly authorized and has taken all necessary actions to execute
<br /> and perform this Agreement and this Agreement is enforceable against Seller in
<br /> accordance with its terms.
<br /> C a�dc('oncrctek onlracl 2a 7
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