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THE PROPERTY, including the physical condition of the Property and any defects thereof, the presence of
<br />any hazardous substances, wastes or contaminants in, on or under the Property, the condition or existence of any
<br />of the above ground or underground structures or improvements in, of or under the Property, the condition of
<br />title to the property, and the leases, easements or other agreements affecting the Property. Buyer is /are aware of
<br />the risk that hazardous substances and contaminants may be present on the Property, and indemnifies, holds
<br />harmless and hereby waives, releases and discharges forever Seller from any and all present or future claims or
<br />demands, and any and all damages, loss, injury, liability, claims or costs, including fines, penalties and
<br />judgments, and attorney's fees, arising from or in any way related to the condition of the Property or the actual
<br />or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other
<br />handling of any hazardous substances or contaminants in, on or under the Property. Losses shall include,
<br />without limitation,: (a) the cost of any investigation, removal, remedial or other response action that is required
<br />by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental
<br />authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures
<br />necessary to cause Seller's remaining property, or the operations or business of the Seller on its remaining
<br />property, to be in compliance with the requirements of any Environmental Law, (c) Losses for injury or death of
<br />any person, and (d) Losses arising under any Environmental Law enacted after transfer. The rights of Seller
<br />under this paragraph shall be in addition to, and not in lieu of, any other rights or remedies to which it may be
<br />entitled under this Agreement. This indemnity specifically includes the obligation of Buyer to remove, close,
<br />remediate, reimburse or take other actions requested or required by any governmental agency concerning any
<br />hazardous substances or contaminants on the Property.
<br />The term "Environmental Law" means any federal, state or local statute, regulation, code, rule,
<br />ordinance, order, judgment, decree, injunction or common law pertaining in any way to the protection of human
<br />health or the environment, including without limitation, the Resource Conservation and Recovery Act, the
<br />Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act,
<br />and any similar or comparable state or local law.
<br />The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance,
<br />material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation
<br />petroleum oil and any of its fractions.
<br />28. Buyer acknowledges that a material consideration for this agreement, without which it would not be
<br />made, is the agreement between Buyer and Seller that Buyer also shall pay at closing a
<br />processing/administrative fee in the amount of $1,500.00, over and above the agreed upon sale price.
<br />29. All of the terms and conditions contained within this agreement shall survive closing of the transaction.
<br />BUYER MUST CLEARLY SET FORTH FULL AND CORRECT NAMES OR PARTY OR PARTIES
<br />TO WHOM TITLE WILL BE CONVEYED, THEIR ADDRESS, THEIR RELATIONSHIP, IF ANY,
<br />AND WHETHER CONVEYANCE IS TO BE IN JOINT TENANCY OR OTHERWISE, AND IF A
<br />COMPANY, WHETHER IT IS A PARTNERSHIP, TRUST, TRUSTEE OR CORPORATION,
<br />ADDRESS OF PRINCIPAL OFFICE AND STATE OF INCORPORATION.
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