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SALE OF ANY INCIDENTAL OR RELATED PERSONAL PROPERTY, SELLER ALSO
<br /> DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR
<br /> IMPLIED, CONCERNING THE CONDITION THEREOF INCLUDING, BUT NOT LIMITED TO
<br /> ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
<br /> UPON CLOSING, BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS,
<br /> INCLUDING BUT NOT LIMITED TO , ADVERSE PHYSICAL AND ENVIRONMENTAL
<br /> CONDITIONS , MAY NOT HAVE BEEN REVEALED BY BUYER' S INSPECTIONS AND
<br /> INVESTIGATIONS . THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING.
<br /> a. Hazardous Materials . The term "Hazardous Materials " shall mean any substance
<br /> which is or contains (i) any "hazardous substance" as now or hereafter defined in the Comprehensive
<br /> Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S . C. §9601 et
<br /> seq.) (" CERCLA") or any regulations promulgated under or pursuant to CERCLA; (ii) any
<br /> "hazardous waste " as now or hereafter defined in the Resource Conservation and Recovery Act (42
<br /> U. S . C . §6901 et. seq.) ("RCRA") or regulations promulgated under orpursuant to RCRA; (iii) any
<br /> substance regulated by the Toxic Substances Control Act ( 15 U . S . C. §2601 et seq.); (iv) gasoline,
<br /> diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos containing materials, in any
<br /> form, whether friable or non-friable; (vi) polychlorinated biphenyls ; (vii) radon gas; and (vui) any
<br /> additional substances or materials which are now or hereafter classified or considered to be
<br /> hazardous or toxic under Environmental Laws (as hereinafter defined) or the common law, or any
<br /> other applicable laws relating to the Property. Hazardous Materials shall include, without limitation,
<br /> any substance, the presence of which on the Property, (A) requires reporting, investigation or
<br /> remediation under Environmental Laws; (B) causes or threatens to cause a nuisance on the Property
<br /> or adjacent property or poses or threatens to pose a hazard to the health or safety of persons on the
<br /> Property or adjacent property; or (C) which, if it emanated or migrated from the Property, could
<br /> constitute a trespass . The term " Environmental Laws " shall mean all laws , ordinances, statutes,
<br /> codes, rules , regulations, agreements, judgments , orders , and decrees, now or hereafter enacted,
<br /> promulgated, or amended, of the United States, the states, the counties, the cities, or any other
<br /> political subdivisions in which the Property is located, and any other political subdivision, agency or
<br /> instrumentality exercising jurisdiction over the owner of the Property, the Property, or the use of the
<br /> Property, relating to pollution, the protection or regulation of human health, natural resources, or the
<br /> environment, or the emission, discharge, release or threatened release of pollutants, contaminants,
<br /> chemicals, or industrial, toxic or hazardous substances or waste or Hazardous Materials into the
<br /> environment (including, without limitation, ambient air, surface water, ground water or land or soil) .
<br /> b . Release. Buyer, on behalf of itself and its heirs, successors and assigns hereby
<br /> waives, releases, acquits and forever discharges Seller its officers, directors , shareholders ,
<br /> employees, agents, attorneys, representatives, and any other persons acting on behalf of Seller, and
<br /> the successors and assigns of any of the preceding, of and from any and all claims, actions, causes of
<br /> action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect,
<br /> known or unknown, foreseen or unforeseen, which Buyer or any of its heirs, successors or assigns
<br /> now has or which may arise in the future on account of or in any way related to or in connection with
<br /> any past, present, or future physical characteristic or condition of the Property, including, without
<br /> limitation, any Hazardous Materials in at, on, under or related to the Property, or any violation or
<br /> potential violation of any Environmental Requirement applicable thereto (except any violation
<br /> SLK SAR # 191001v2 4
<br /> 155
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