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<br />levels of Hazardous Materials on the Property, Seller shall, at its sole cost and expense and prior to
<br />the closing, promptly commence and diligently pursue any assessment, clean up and monitoring of
<br />f' the Property necessary to bring the Property into full compliance with any and all applicable Federal,
<br />I state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions
<br />regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials
<br />("Environmental Law"), In the event that Hazardous Materials placed on the Property prior to
<br />closing are discovered after closing, Seller shall remain obligated hereunder, with such obligation to
<br />survive the closing and delivery and recording of the deed described in Section 9 of this Agreement
<br />I and Purchaser's possession of the Property, to diligently pursue and accomplish the clean up of the
<br />I Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's
<br />sole cost and expense.
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<br />l Further, in the event that no party elects to terminate this Agreement as provided above, Seller
<br />shall indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees
<br />! from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of
<br />action of whatsoever kind arising from the Hazardous Materials placed on the Property by Seller prior
<br />to closing whether the Hazardous Materials are discovered prior to or after closing. Seller shall
<br />defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person
<br />against Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or
<br />property for which the Hazardous Materials placed on the Property by Seller prior to closing are
<br />alleged to be a contributing legal cause. Seller shall save Purchaser harmless from and against all
<br />judgments, orders, decrees, reasonable attorney's fees, costs, expenses and liabilities in and about any
<br />such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a
<br />result of the foregoing.
<br />"rhe contractual limitation on Seller's contractual obligation to indemnify Purchaser as
<br />specified in this Section shall not be construed to limit Purchaser's legal and equitable remedies
<br />` against. Seller under any Environmental Laws ror Hazardous Materials located on the Property.
<br />SECTION 5. SUIiVFY. Seller shall, at its sole cost and expense as soon as
<br />practicable, but in any case by not later than December 3l, 2000, deliver to Purchaser a current
<br />boundary survey of the property prepared by a professional surveyor and mapper licensed by the State
<br />of Florida which meets the standards and requirements adopted by the Florida Department of
<br />Professional Regulation, Board of Land Surveyors under Chapter 61G17, Florida Administrative
<br />Code, or its successor in function ("Survey"). The Survey shall locate all improvements on and within
<br />the boundary of the property. The Survey shall be certified to Seller, Purchaser, the title insurer and
<br />its agent, and the date of certification shall be subsequently updated to within 30 days before the date
<br />of closing, unless this 30 day time period is waived by the Purchaser and by the title insurer ror
<br />purposes of deleting the standard exceptions for survey matters and casements or claims of easements
<br />not shown by the public records from the owner's title policy. If the Survey shows any encroachment
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