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indemnification obligation will not be affected by any authorizations provided by the Buyer to the
<br />Seller with respect to the Property or any restoration activities carried out by Buyer at the Property;
<br />provided, however, that the Buyer is responsible for any Hazardous Substances or Hazardous
<br />Materials contributed after this date to the Property by the Buyer.
<br />(f) Pre -Closing Covenant. Seller will not use, generate, manufacture,
<br />produce, store, release, discharge or dispose of on, under, above or about the Property (or off-site
<br />of the Property that might affect the Property), or transport to or from the Property, any Hazardous
<br />Substance or authorize any other person or entity to do so, prior to the Closing, other than such
<br />substances as are currently and typically used for agricultural activities on the Property, including
<br />pesticide and herbicide, provided that any such use, storage, disposal, etc. complies with all local,
<br />state and federal laws and regulations.
<br />The terms `Environmental Law" and "Environmental Laws" mean any and
<br />all Federal, State, local, or municipal laws, rules, orders, regulations, statues, ordinances, codes,
<br />guidelines, policies, or requirements of any governmental authority regulating or imposing
<br />standards of liability or standards of conduct (including common law) concerning air, water, solid
<br />waste, hazardous materials, worker and community right -to -know, hazard communication, noise,
<br />radioactive materials, resource protection, subdivision, inland wetlands and watercourses, health
<br />protection and similar environmental health, safety, and building and land use as may now or at
<br />any time hereafter be in effect.
<br />The term "Hazardous Substance" shall mean any substances, materials, or
<br />wastes that are hazardous, toxic, dangerous, or harmful or are designated as, or contain components
<br />that are, or are designated as, hazardous, toxic, dangerous, or harmful and/or which are subject to
<br />regulation as hazardous, toxic, dangerous, or harmful or as a pollutant by any federal, state, or
<br />local law, regulation, statute, or ordinance, including, but not limited to, petroleum or any
<br />petroleum product. The term "Hazardous Substances" shall not include biosolids, herbicides,
<br />pesticides, rodenticides, insecticides, and fertilizers applied in accordance with federal, state, and
<br />local law.
<br />The term "Hazardous Materials" means any petroleum, petroleum products,
<br />fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials,
<br />hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances,
<br />toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other
<br />element, compound, mixture, solution or substance that may pose a present or potential hazard to
<br />human health or the environment.
<br />The term "Release" shall mean any release, generation, treatment, disposal,
<br />dumping, burying, or abandonrnent.
<br />14. Indemnification. Seller shall protect, defend, indemnify and hold Buyer and its
<br />successors and assigns harmless from and against any and all loss, liability, damage and expense
<br />suffered or incurred before or after Closing by reason of (a) the breach of any representation,
<br />warranty or agreement of Seller set forth in this Agreement, (b) the failure of Seller to perform any
<br />obligation required by this Agreement to be performed by Seller, (c) the ownership, maintenance,
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