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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 Din.
<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.
<br />If Purchaser has actual knowledge
<br />as of the Effective Date of
<br />a breach of or
<br />inaccuracy of any
<br />representation or warranty made by Seller
<br />under Section 7.1 (Seller's
<br />Representations
<br />January 8, 2W8
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