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any and all federal, state and local statutes, laws (including case law), regulations, ordinances,
<br />rules, judgments, orders, decrees, codes, plans, injunctions, permits, concessions, grants,
<br />franchises, licenses, agreements and other governmental restrictions, whether now or hereafter in
<br />effect, relating to human health, the environment or to emissions, discharges or releases of
<br />pollutants, contaminants, toxic substances, hazardous substances or wastes into the environment
<br />including, without limitation, ambient air, surface water, ground water, or land, or otherwise
<br />relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport
<br />or handling of pollutants, contaminants, hazardous materials or wastes or the clean-up or other
<br />remediation thereof.
<br />(k) "Hazardous Materials Reports" shall mean any and all studies, reports,
<br />analyses, information, or other written records regarding the presence or absence of Hazardous
<br />Materials at, on, in, under or relating to the Real Property.
<br />(1) "Intangible Property" shall mean, to the extent the same is transferable by
<br />Seller, Seller's interest in the Leases, the Service Contracts, the Permits, the General Intangibles
<br />and any and all rights to the name of the improvements upon the Real Property.
<br />(m) "Land" shall mean that certain parcel of real property located in the County and
<br />State, as more particularly described on the attached Exhibit A.
<br />(n) "Leases" shall mean any and all leases, tenancies, licenses and other rights of
<br />occupancy or use of or for any portion of the Real Property or the Personal Property (including
<br />all amendments and renewals thereof).
<br />(o) "Permits" shall mean any and all licenses, permits, authorizations, certificates of
<br />occupancy and other approvals that are in effect for the current use and operation of the Property.
<br />(p) "Personal Property" shall mean all tangible personal property and fixtures
<br />owned by Seller and located on or attached to the Real Property. "Personal Property" does not
<br />include property owned by others such as Tenants under Leases or parties to Service Contracts.
<br />(q) "Property" shall mean collectively the Real Property, the Personal Property and
<br />the Intangible Property.
<br />(r) "Prorations Date" shall mean 11:59 p.m. local time (i.e., the time zone in which
<br />the Property is located) the day prior to the Closing Date.
<br />(s) "Real Property" shall mean the Land together with Seller's interest in the
<br />buildings and other improvements and fixtures located thereon, together with all rights of ways,
<br />ingress and egress, easements, rights, privileges, hereditaments and appurtenances thereto or in
<br />any way appertaining thereto.
<br />(t) Security Deposits" shall mean the security deposits and prepaid rent specified in
<br />the Leases and which have not been previously forfeited by Tenants prior to the Closing Date.
<br />"Security Deposits" shall not include any security deposits or prepaid rent, whether or not
<br />R[AMM. 2957652.8 79037/33274
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