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any Lot on the Closing Date for such Lot. Seller shall pay all availability <br />charges required for development. Buyer shall pay for SAC, WAC and <br />building permit charges. <br />D. Environmental Laws. Seller has no knowledge, after exercising due <br />diligence in reviewing its files, correspondence and other relevant <br />information concerning the Property, that any toxic or hazardous <br />substances or wastes, pollutants or contaminants (including, without <br />limitations, asbestos, area formaldehyde, the group of organic compounds <br />known as polychlorinated biphenyl's, petroleum products including <br />gasoline, fuel oil, crude oil and various constituents of such products, and <br />any hazardous substance as defined in the Comprehensive Environmental <br />Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. <br />9601-9657, as amended) have been generated, treated, stored, released or <br />disposed of, or otherwise placed, deposited in or located in the Property, <br />nor does Seller have any knowledge, after exercising due diligence as <br />described above, or any activity having been undertaken on the Property <br />that would cause or contribute to (i) the Property becoming a treatment, <br />storage or disposal facility within the meaning of, or otherwise bring the <br />Property within the ambit of, the Resource Conservation and Recover Act <br />of 1976 ("RCRA"), 42 U.S.C. 6901 et seq., or any similar state law or <br />local ordinance, (ii) a release or threatened release of toxic or hazardous <br />wastes or substances, pollutants or contaminants from the Property within <br />the ambit of CERCLA or any similar state law or local ordinance, or (iii) <br />the discharge of pollutants or effluents into any water source of system, <br />the dredging or filling of any waters or the discharge into the air of any <br />emissions, that would require a permit under the Federal Water act, 33 <br />U.S.C. 1251 et se ., or the Clean Air Act, 42 U.S.C. 7401 gLse ., or any <br />similar state law or local ordinance. After exercising due diligence as <br />described above, Seller knows of no substances or conditions in or on the <br />Property tat may support a claim or cause of action under RCRA, <br />CERCLA or any other federal, state or local environmental statutes, <br />regulations, ordinances or other regulatory requirements. <br />E. Rights of Others to Purchase Property. . Seller has not entered into any <br />other contracts for the sale of the Property, nor are there any rights of first <br />refusal or options to purchase the Property or any other rights of others <br />that might prevent the consummation of this Agreement. <br />F. Seller's Defaults. Seller is not in default concerning any of its obligations <br />or liabilities regarding the Property. <br />M <br />