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6.1 Release. Without limiting the provisions of Section 2.6, Buyer acknowledges that Seller
<br />is not in any manner responsible to .Buyer for the presence of any Hazardous Materials at, on, in,
<br />under or relating to the Property, if any. Buyer hereby specifically releases the Seller Group
<br />from any and all claims, losses, liabilities, fines, charges, damages, injuries, penalties, response
<br />costs, and expenses of any and every kind whatsoever (whether known or unknown) relating to
<br />the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission or release
<br />of any Hazardous Materials on the Property, if any, including without limitation, any residual
<br />contamination, in, on, under or about the Property or affecting natural resources, whether prior to
<br />or following Closing, and also including, without limitation, any liability due to asbestos -
<br />containing materials at the Property. Each covenant, agreement, representation, and warranty of
<br />Buyer contained in this Section 6.1 of this Agreement shall survive the Closing or termination of
<br />this Agreement.
<br />6.2 Indemnification. Without limiting the provisions of Section 2.4 and Section 2.6(c), to
<br />the extent allowed by law, Buyer hereby indemnifies and agrees to defend, protect, save and hold
<br />Seller Group harmless from and against any and all losses, liabilities, fines, charges, damages,
<br />injuries, penalties, response costs, expenses (including attorneys fees and costs at all levels) and
<br />claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Seller,
<br />with respect to or as a direct or indirect result of the presence on or under, or the escape, seepage,
<br />leakage, spillage, discharge, emission or release of any Hazardous Material from, the Property;
<br />provided, however, that so long as Buyer has obtained and delivered a Phase I Environmental
<br />Report to Seller at Closing (which shall be deemed to be an accurate representation as to the
<br />environmental condition of the Property), such indemnification will be limited to any recognized
<br />environmental condition set forth in such Phase I Environmental Report and to matters first
<br />occurring, arising, existing or exacerbated after; Closing and relating to the Buyer's ownership of
<br />or operations on the Property. The foregoing; indemnification includes (a) all foreseeable and
<br />unforeseeable consequential damages to the maximum extent permitted by .law; (b) the costs of
<br />any required or necessary repair, remediation, or decontamination of the Property; and (c) any
<br />fines and penalties that may be imposed. This agreement to defend, indemnify, protect, save and
<br />hold harmless shall survive the Closing of this Agreement and shall be in addition to any other
<br />obligations or liability that Buyer may have to Seller Group at common law or by statute or
<br />otherwise. This agreement to defend, indemnify, protect, save and hold harmless shall not apply
<br />unless and until the Closing of the sale and purchase of the Property occurs.
<br />6.3 Confidentiality of Hazardous Materials Reports. Unless and until the Closing actually
<br />occurs, Buyer, its agents, consultants and employees shall keep confidential all Hazardous
<br />Materials Reports and other information, received or completed by Buyer in Buyer's independent
<br />factual, physical and legal examinations and inquiries of the Property, except that: (a) Buyer
<br />shall promptly after receipt provide Seller with a list of all Hazardous Materials Reports and
<br />other information, received or completed by Buyer and, upon (and only upon) Seller's request
<br />will promptly deliver copies thereof to Seller; and (b) Buyer may disclose same to its consultants
<br />if Buyer first obtains the agreement in writing of such consultants to keep such Hazardous
<br />Materials Reports and related documentation confidential. Unless and until the Closing actually
<br />occurs, neither the contents nor the results of any test, report, analysis, opinion or other
<br />information shall be disclosed by Buyer, its agents, consultants and employees without Seller's
<br />prior written approval, except as provided above. Furthermore, Buyer shall not disclose to Seller
<br />IMAM[ 2957652.8 79037/33274
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