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<br />Site: Little Canada-Owasso
<br />BUN: 825401
<br />4816-7859-2811.16101460\002203
<br />Installment Payment (as defined below)
<br />excluding any interest that will be included
<br />in the first Installment Payment (the
<br />“Prorated Interest”). The parties agree that
<br />the Prorated Interest shall be in the amount
<br />set forth on Exhibit “E”. Thereafter, Crown
<br />shall pay the remainder of the Purchase
<br />Price in insta llment payments (each an
<br />“Installment Payment”) which includes
<br />interest on the balance of the Purchase Price
<br />at the annual interest rate set forth in
<br />Exhibit “E” (the “Interest Rate”). The due
<br />dates, amounts, number of Installment
<br />Payments, and allocation of principal and
<br />interest of each Installment Payment are set
<br />forth in the payment schedule in
<br />Exhibit “E”. Crown shall have the right to
<br />pay off the remaining balance of the
<br />Purchase Price (the “Payoff Amount”) at
<br />any time in accordance with the payment
<br />schedule in Exhibit “E”, and upon payment
<br />of the Payoff Amount, no further Installment
<br />Payments (or interest) shall be due to
<br />Grantor. Grantor and Crown agree that all
<br />rights granted to Crown in this Easement
<br />shall be fully vested in Crown upon full
<br />execution of this Easement by both parties
<br />even though the Purchase Price will be paid
<br />in installments.
<br />6. Hazardous Materials .
<br />(a) Crown shall not (either with or without
<br />negligence) cause or permit the use, storage,
<br />generation, escape, disposal or release of
<br />any Hazardous Materials in any manner not
<br />sanctioned by law. In all events, Crown
<br />shall indemnify and hold Grantor harmless
<br />from any and all claims, damages, fines,
<br />judgments, penalties, costs, liabilities or
<br />losses (including, without limitation, any
<br />and all sums paid for settlement of claims,
<br />attorneys’ fees, and consultants’ and
<br />experts’ fees) from the presence or release
<br />of any Hazardous Materials on the Easement
<br />Area if caused by Crown or persons acting
<br />under Crown. Crown shall execute such
<br />affidavits, r epresentations and the like from
<br />time to time as Grantor may reasonably
<br />request concerning Crown’s best knowledge
<br />and belief as to the presence of Hazardous
<br />Materials within the Easement Area.
<br />(b) Grantor shall not (either with or
<br />without negligence) cause or permit the use,
<br />storage, generation, escape, disposal or
<br />release of any Hazardous Materials in any
<br />manner not sanctioned by law. In all events,
<br />Grantor shall indemnify and hold Crown
<br />harmless from any and all claims, damages,
<br />fines, judgments, penalties, costs, liabilities
<br />or losses (including, without limitation, any
<br />and all sums paid for settlement of claims,
<br />attorneys’ fees, and consultants’ and
<br />experts’ fees) from the presence or release
<br />of any Hazardous Materials on Grantor’s
<br />Property unless caused by Crown or persons
<br />acting under Crown. Grantor shall execute
<br />such affidavits, representations and the like
<br />from time to time as Crown may reasonably
<br />request concerning Grantor’s best
<br />knowledge and belief as to the presence of
<br />Hazardous Materials on Grantor’s Property.
<br />Nothing in this grant shall constitute a
<br />waiver by the Grantor of any statutory or
<br />common law immunities, limits or
<br />exceptions on liability.
<br />(c) For purposes of this Easement, the
<br />term “Hazardous Materials” means any
<br />substance which is (i) designated, defined,
<br />classified or regulated as a hazardous
<br />substance, hazardous material, hazardous
<br />waste, pollutant or contaminant under any
<br />Environmental Law, as currently in effect or
<br />as hereafter amended or enacted, (ii) a
<br />petroleum hydrocarbon, including crude oil
<br />or any fraction thereof and all petroleum
<br />products, (iii) PCBs, (iv) lead, (v) asbestos,
<br />(vi) flammable explosives, (vii) infectious
<br />materials, or (viii) radioactive materials.
<br />“Environmental Law(s)” means the
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