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Closing including: (i) any acts or omissions of Buyer, its Agents, employees or contractors at, on <br />or about the Property which contaminate air, soils, surface waters or ground waters over, on or <br />under the Property; (ii) the breach by Buyer of any representation or warranty under this <br />Agreement; (iii) pursuant to or in connection with the application of any Environmental Law, to <br />the acts or omissions of Buyer and any environmental damage alleged to have been caused, in <br />whole or in part, by the manufacture, processing, distribution, use, handling, transportation, <br />treatment, storage or disposal of any Hazardous Substance by Buyer; or (iv) the presence .of any <br />Hazardous Substance on, in or about the Property occurring after the Closing of the Transaction. <br />The term "Hazardous Substance" means: (i) any substance or material determined to be toxic, a <br />pollutant or contaminant, under Federal, State or local statute, law, ordinance, rule or regulation <br />or judicial or administrative order or decision, as the same may be amended from time to time, <br />including but not limited to petroleum and petroleum products as defined in Section 376.301(10), <br />Florida Statutes, as the same may be amended from time to time; (ii) asbestos; (iii) radon; (iv) <br />polychlorinated biphenyls (PCBs); and (v) such other materials, substances or waste which are <br />otherwise dangerous, hazardous, harmful or deleterious to human health and safety or the <br />environment. <br />39. SECTION 1031 EXCHANGE. Seller and Buyer agree to cooperate with each other <br />in closing the sale of the Property as a like -kind exchange under Section 1031 of the <br />Internal Revenue Code (the "Code") if requested. Such cooperation shall include, without <br />limitation, the substitution by either of an intermediary (the "Intermediary") <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates <br />entered below and the respective signatories of the parties whose signatures appear below hereby <br />warrant and represent that they have been and are on the date of execution of this Agreement <br />duly authorized to execute this Agreement on behalf of and bind their respective party. <br />[SIGNATURE PAGES FOLLOW] <br />Page 13 of 15 <br />Buyer's Initials Seller's Initials <br />43 <br />