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<br />diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property
<br />into full compliance with any and al] applicable federal, state or local Iaws, statutes. ordinances, rules,
<br />regulations or other governmental restrictions regulating, relating to, orimposing Iiability or standards of
<br />conduct concerning Hazardous Materials ("Environmental Law"). In the event that Hazardous Materials
<br />placed on the Property prior to closing are discovered after closing, Seller shall remain obligated hereunder,
<br />with such obligation to survive the closing and delivery and recording of the deed described in Section 9
<br />of this Agreement and Purchaser's possession of the Property, to diligently pursue and accomplish the clean
<br />up of the Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's
<br />sole cost and expense.
<br />Further, in the event that no parry elects to terminate this Agreement as provided above, Seller shall
<br />indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees from and
<br />against any and ail claims, suits, actions, damages, liabilities, expenditures orcauses of action of whatsoever
<br />kind arising from the Hazardous Materials placed on the Property by Seller prior to closing whether the
<br />Hazardous Materials are discovered prior to or after closing. Seller shall defend, at its sole cost and
<br />expense, any legal action, claim or proceeding instituted by any person against Purchaser as a result of any
<br />claim, suit, or cause of action for injuries to body, life. limb or property for which the Hazardous Materials
<br />placed on the Property by Seller prior to closing are alleged to be a contributing legal cause. Seller shall
<br />save Purchaser harmless from and against all judgments, orders, dc=cs, reasonable attorney's fees, costs,
<br />expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be
<br />entered, incurred or assessed as a result of the foregoing.
<br />The com actual limitation on Seller's contractual obligation to indemnify Purchaser as specified in
<br />flus Section shall not be construed to limit P'urchaser's legal and equitable remedies against Seller under any
<br />Environmental laws for Hazardous Materials located on the Property.
<br />SECTION 5. SURVEY. Seller shall, at its sole cost and expense as soon as
<br />practicable. but in any case by not later than December 31, 2000, deliver to Purchaser a current boundary
<br />survey of the property prepared by a professional surveyor and mapper licensed by the State of Florida
<br />which meets the standards and requirements adopted by rite Florida Department of Professional Regulation.
<br />Board of Land Surveyors [order Chapter 61 G 17, Florida Administrative Code, or its successor in function
<br />(" Survey "). The Survey shall locate all improvements on and within the boundary of the property. The
<br />Survey shall be certified to Seller, Purchaser, the title insurer and its agent, and the date[ of certification shall
<br />be subsequently updated to within 30 days before the date of closing, unless this 30 day time period is
<br />waived by the Purchaser and by the tide insurer for purposes of doIcnng the standard exceptions for survey
<br />matters and easements or claims of easements not shown by the public records From the owner's title
<br />policy. if the Survey shows any encroachment on the Property or that improvements intended to be
<br />located on the Property encroach on the land of others, the same shall be treated as a title defect, pursuant
<br />to Section 7 herein. Adverse matters disclosed by such Survey which in the reasonable judgment of the
<br />Purchaser impair the marketability of the Property, shall also be treated as tide defects pursuant to Section
<br />7 herein..
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