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CCAgenda_03Aug27
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CCAgenda_03Aug27
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7/16/2009 8:37:06 AM
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7. Possession and title to the Subject Property shall transfer to Petitioner on the Transfer <br />Date, subject to the rights of remaining tenants, if any, as of the Transfer Date; <br />8. At any time prior to the Transfer Date, Petitioner shall have the right to enter onto the <br />Subject Property, for the purpose of conducting such physical inspections and <br />environmental examinations as the Petitioner may elect to conduct, subject, however, to <br />the rights of the then remaining tenants of the Subject Property, if any. <br />9. To the best of its actual knowledge and except as otherwise disclosed below, Stipulating <br />Respondent laiows of no toxic or hazardous substances (including without limitation: <br />asbestos, urea form formaldehyde, the group of organic compounds known as <br />polychlorinated biphenyls, and any hazardous substance as defined in the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 <br />• U.S.C. Section 9601-9657, as amended) ("Hazardous Substances") that have been <br />generated, treated, stored, released or disposed of, or otherwise deposited in or located on <br />the Subject Property at any time before or during Stipulating Respondent's ownership <br />thereof, including without limitation, the .surface and subsurface waters of the Subject <br />Property which caused (i} the Subject Property to become a hazardous waste treatment, <br />storage or disposal facility within the ambit of, the Resource Conservation and Recovery <br />Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seQ., or any similar state law or local <br />ordinance or any other environmental law, (ii) a release or threatened release of <br />hazardous waste from the Subject Property within the meaning of, or otherwise bring the <br />Subject Property within the ambit of CERCLA, or any similar state law or local <br />ordinance or any other environmental law, or (iii) the discharge of pollutants or effluents <br />• into any water source or system, or the discharge into the air of any emissions, which <br />would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Section <br />~' <br />r <br />~'* 4 ~~i , <br />
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