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ix. Seller has not received notice of any default or breach by any third party under any
<br /> covenants, conditions, restrictions, rights-of-way, or easements in respect to the Property or
<br /> that may affect the Property or any portion thereof and,to the knowledge of Seller,no condition
<br /> exists that with the passage of time or giving notice or both would constitute such a default.
<br /> X. There are no pending or threatened mechanics' or materialmen's liens against the
<br /> Property.
<br /> xi. All of the representations and warranties of Seller contained in this Agreement shall
<br /> be true and correct as of the Effective Date and as of the Time of Closing and shall survive the
<br /> Closing.
<br /> xii. None of the foregoing representations and warranties contain any Witt Lie statement
<br /> of material fact.
<br /> 7. Purchaser assumes the risk that Hazardous Substances or other adverse matters may affect the
<br /> Property, and hereby waives, releases, and discharges forever the Seller and its officers,
<br /> directors, shareholders, employees, and agents from any and all present or future claims or
<br /> demands, and any and all damages, losses, injuries, liabilities, causes of actions (including,
<br /> without limitation, causes of action in tort), costs and expenses (including,without limitation
<br /> fines,penalties,judgments, and attorneys' fees), of any and every kind or character,known or
<br /> unknown, arising from or in any way related to the Property Conditions or alleged presence,
<br /> use,storage,generation,manufacture,transport,release,leak,spill,disposal,or other handling
<br /> of any Hazardous Substances in, on, or under the Property.
<br /> 8. Definitions. For purposes of this Agreement:
<br /> 8.1. "Environmental Law(s)"means any federal, state, or local statute, regulation, code,rule,
<br /> ordinance, order,judgment, decree, injunction, or common law pertaining in any way to
<br /> the protection of human health or the environment, including without limitation, the
<br /> Resource Conservation and Recovery Act, the Comprehensive Environmental Response,
<br /> Compensation, and Liability Act, the Model Toxics Control Act, and any similar or
<br /> comparable federal, state, or local law.
<br /> 8.2. "Hazardous Substance(s)" means any hazardous, toxic, radioactive, or infectious
<br /> substance, material, or waste as defined, listed, or regulated under any Environmental
<br /> Law, and includes without limitation petroleum oil and any of its fractions.
<br /> 8.3. `Environmental Matters" means matters relating to the generation, manufacture, use,
<br /> storage,handling,transportation, and/or disposal of Hazardous Substances, or conditions
<br /> with respect to the atmosphere, soil, surface and ground waters, wetlands, stream
<br /> sediments,vegetation, endangered species, and stormwater runoff or discharge.
<br /> 9. Default: If either party defaults (that is fails to perform the acts required of them) in his
<br /> contractual performance herein, the non-defaulting party may seek specific performance
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<br /> INITIALS:
<br /> Purchaser: /Date: Seller: /Date:
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