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Waste Disposal Act, 42 U. S .C. Sections 6901 et seq. ; the Clean Air Act, 42 U. S .C. Sections 7401 et seq. ;
<br /> or any other law. For the purposes of this Agreement, the terms "Hazardous Substances" and "Release"
<br /> shall have the definitions used in the Superfund Act ; provided, however, that the definition of the term
<br /> "Hazardous Substances" shall also include (if not included within the definition contained in the
<br /> Superfund Act), petroleum and related by products, hydrocarbons, radon, asbestos, area formaldehyde
<br /> and polychlorinated biphenyl compounds ("PCBs") ; and
<br /> 7 . 1 . 9. To Seller's Current Actual Knowledge, Seller is the sole owner of fee simple to
<br /> the Property, and Seller has not executed or entered into any other agreement to purchase, sell , option,
<br /> lease or otherwise dispose of or alienate all or any portion of the Property other than this Agreement and
<br /> as may be contained in the Permitted Title Exceptions .
<br /> 7. 2. Cattle Dip.
<br /> Seller has previously disclosed to Purchaser, and Purchaser acknowledges such disclosure, that a
<br /> cattle dip vat and facility ("Cattle Dip") was previously operated on the Property prior to ownership
<br /> thereof by Seller. In October 2005 , Seller caused a third-party contractor, Clean Harbors, Inc . , to remove
<br /> wastewater, sludge, rinse water and solids from the Cattle Dip vat, following which the interior of the vat
<br /> was lined with plastic sheeting and backfilled to the surface level with clean fill , and the removed
<br /> contents were disposed of in accordance with applicable law. Notwithstanding the removal of such waste
<br /> and other items from the Cattle Dip, the parties acknowledge and agree that (i) the Cattle Dip and other
<br /> portions of the Property (including the groundwater) may remain contaminated with toxic or hazardous
<br /> substances (including, among others, arsenic), and (ii ) Seller makes no representations or warranties , and
<br /> Seller shall have absolutely no liability regarding, any possible contamination or release of any such
<br /> substances arising out of or in connection with the Cattle Dip.
<br /> 7 .3 . Seller's Current Actual Knowledee.
<br /> Seller hereby discloses to Purchaser that the employee of Seller who is currently responsible for
<br /> the management and administration of the Property is Matt E. Kelly, who has reviewed the terms and
<br /> provisions of this Agreement, and in particular the terms of Section 7. 1 . 8 above. For the purposes of this
<br /> Agreement, the term "Current Actual Knowledge" shall mean the actual current awareness of the
<br /> aforesaid named individual of a fact or circumstance, without review of any files, correspondence or
<br /> documents and without having undertaken any particular investigation or inquiry. The aforesaid
<br /> individual shall not be deemed to have Current Actual Knowledge of a fact or circumstance due to the
<br /> existence of documents or correspondence previously received by or present in the files of Seller or in the
<br /> files of the individual whose Current Actual Knowledge is being determined , unless it can be shown that
<br /> such individual also has or had current awareness of the facts and circumstances contained in such
<br /> documents, correspondence or files. Purchaser acknowledges and agrees that, although the aforesaid
<br /> individual has reviewed the terms and provisions of this Agreement as aforesaid in light of his present
<br /> actual knowledge in good faith, it is entirely possible that, given the size and scope of Seller and its
<br /> affiliates, employee turnover, etc. , facts or circumstances might exist that are outside of the knowledge of
<br /> the aforesaid individual that might contradict or be at variance with the matters with respect to which
<br /> Seller's Current Actual Knowledge has been given, and that, without limiting the generality of the terms
<br /> of Section 7. 10 (Sale "AS-IS ") below, Seller makes no (and hereby absolutely disclaims any)
<br /> representation, warranty or guaranty with respect to any matter, fact or circumstance outside of the actual
<br /> and present knowledge of the aforesaid individual as herein described .
<br /> 7.4. Matters Known to Purchaser.
<br /> 7.4 . 1 . If Purchaser has actual knowledge as of the Effective Date of a breach of or
<br /> inaccuracy of any representation or warranty made by Seller under Section 7 . 1 (Seller' s Representations
<br /> January 8, 2W8
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