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<br />D. Hazardous Materials. Seller Itas not deposited any, and to the actual present
<br />knowledge of Seller without investigation there are no, I-lazardous Materials (defined below) on, in
<br />or under the Property that would constitute a violation of Environmental laws (defined below) in
<br />any material respect. For purposes of ibis paragraph "Hazardous Materials" means (i) any waste,
<br />material or substance (whether in the Corm of a liquid, a solid, or a gas and whether or not airborne)
<br />which is deemed to be a pollutant or a contaminant, or to be hazardous, toxic, ignitable, reactive,
<br />infectious, explosive, corrosive, dangerous, ha• ``y~~}~ious to public health or to the
<br />enviromnent, and which is now or becomes regula~ ~~•t6thfe by or under the authority of any
<br />applicable local, state or federal laws,judgments d~app rders, roles, regulations, codes or
<br />other governmental restrictions or requireme~s~tiliy`~a~it~~ndmenls or successor(s) thereto,
<br />replacements thereof or publications promul~t~pwst}tiq~orc4yi) petroleum; (iii) asbestos and
<br />asbestos containing materials; (iv) any polychlorinated biphenyl; (v) any radioactive material; (vi) oil
<br />and ltazardotts substances, as defined in llte Clean Water Act, 33 U.S.C. Section 1251 et sea.;
<br />(vii) economic poison, as defined in the Federal Insecticide, Fungicide and Rodettticide Act, 7 U.S.C.
<br />Section 135 e[ se .; (viii) chemical substance, as defined in the l'oxic Substances Control Act, 15
<br />U.S.C. Section 2601 et se .; (ix) hazardous substance and pollutant or contaminant, as defined in
<br />the Comprehensive Environmental Response, Compensation, and Liability Act, 42 11.S.C.
<br />Section 9601 el sea.; and (x) hazardous waste, as defined in the Resource Conservation and
<br />Recovery Act, 42 U.S.C. Section 6901 el sea. "Environmental Laws" means those taws relating to
<br />the use, generation, storage or disposal of I lazardous Materials.
<br />33. Water. At Closing, Seller will convey to Buyer by quit claim deed all water rights
<br />.,• appurtenant to the Property and owned by Seller, if any, including all structures and related facilities
<br />used for the diversions of such rights, including but not limited to, all ditch rights, headgates,
<br />measuring devices; well and well rights, including permits with pumps, pipelines and measuring
<br />devices; all non-tributary or tributary groundwater underlying the Property whether adjudicated or
<br />not, whether permitted or not; reservoir, ponds and lakes, and reservoir pond and lake rights,
<br />including any and all ditches or diversion sUuctures diverting water therein, spring and spring rights,
<br />including structures, measuring devices, and well permits, stockwater ponds and permits therefor,
<br />- shares of stock in any ditch or reservoir cattpany and leases attd any outer rigltls of use of any ditch
<br />and/or reservoir water rights for water used upon and appurtenant to the Property; it being
<br />specifically intended that all water rights, structures, permits, shares of stock and easements nd
<br />structures appurtenant to the Property and owned by Seller will be transferred with the Prop~rly
<br />without reservation by the Seller. Such rights will be conveyed by quit claim deed, and stock
<br />certificates will be endorsed for transfer or accompanied by a duly executed stock assignment,
<br />including bu( not limited to (he following rights: 21 shares of the Burlington Ditch Company stock
<br />and l6 shares of the Wellington Lake Company stock.
<br />34. ease ac At Seller's option, from and after Closing, Seller may lease-hack all or
<br />a portion of llte Properly at a rental rate of $100 per year. In addition, if Seller receives any
<br />additional revenue from any subletting of the Property, Seller will pay to Buyer one-third of such
<br />revenue. The location and boundary of the area to be leased will be determined by Buyer, prior to
<br />the commencement of the growing season, at Buyer's sole discretion and determination. Such lease
<br />will be on an annual basis and may be terminated 6y Seller on CO days' advance written notice to
<br />Buyer and by Buyer on 210 day's advance written notice to Seller. 'fhe form of the lease will be
<br />agreed upon by the parties prior to the expiration on the Inspection Period. If Seller fails to Icase any
<br />or all of the Properly on an annual basis, or terminates the least as set forth above, then this right to
<br />lease-back any or all of the Property will be deemed to have been waived and forfeited and will
<br />forever terminate. 'fhe provisions of this paragraph will survive Closing and delivery of the deed.
<br />35. Buver's Acknowled iy Went. Buyeracknowledgestbat Buyer is purchasing the Properly
<br />solely in reliance on Buyer's own investigation, and shat no representations or warranties of any kind,
<br />either express or implied, have been made by Seller or Seller's agents, other than any expressly
<br />contained in writing herein. Buyer acknowledges that the Property is being sold "AS IS, WI IERB
<br />1S without any warranty of quality, condition or usefulness, including without limitation, any
<br />WARRAN"I"Y OF MEIZCf-IANTAE311.1TY or any WARRANTY OI~ I~ITNrSS FOR TIIG
<br />PAR'I'IC'l1LAR fURPUS6 OF BUYER". In addition, Buyer acknowlalges that as of the Closing,
<br />Buyer will he aware of all zmting regulations, other govennmenlal requirements, site and physical
<br />conditions and other matters affecting the use and condition of (he Properly, and agrees to purchase
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