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09-25-2000
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Last modified
1/29/2025 9:16:17 AM
Creation date
8/7/2018 6:44:24 AM
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MV Commission Documents
Commission Name
Economic Development Authority
Commission Doc Type
Agenda Packets
MEETINGDATE
9/25/2000
Commission Doc Number (Ord & Res)
0
Supplemental fields
Date
9/25/2000
EDA Document Type
Council Packets
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<br />Page 5 <br /> <br />14. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller <br />discloses that there IS NOT an individual sewage treatment system on or serving the Property. <br />If the Property has a septic system, Seller agrees to provide water quality test results and/or <br />septic system certification as required state law or local ordinance. <br /> <br />15. CONDITION OF SUBSOIL AND GROUND WATER; ENVIRONMENTAL <br />WARRANTY. To the best of the Seller's knowledge there are no hazardous substances or <br />underground storage tanks, except herein noted: ________________________________ <br />_________________________________________________________________________ <br />_________________________________________________________________________. <br /> <br />Seller hereby warrants to Buyer that during the time the Seller has owned the Property <br />there have been no acts or occurrences upon the Property that have caused or could cause <br />impurities in the subsoil or ground water of the Property or other adjacent properties. This <br />warranty shall survive the closing of this transaction. <br /> <br /> Seller agrees to indemnify and hold harmless Buyer from any and all claims, causes of <br />action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in <br />the subsoil or groundwater of the Property or other adjacent properties which arise from or are <br />caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. <br />This indemnity shall survive the closing of this transaction. <br /> <br /> Seller warrants that to the best of the Seller's knowledge no toxic or hazardous <br />substances, including, without limitation, asbestos, urea formaldehyde, the group of organic <br />compounds known as polychlorinated biphenyl, and any substance as defined or listed as <br />"hazardous materials" or "toxic substances" or similarly identified in or pursuant to the <br />Comprehensive Environmental Response, Compensation and Liability Act of 1980 <br />("CERCLA"), 42 U.S.C. Section 9601-9657, as now or later amended, "hazardous materials" <br />identified in or pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section <br />1802, et seq., as now or later amended, "Hazardous Wastes" identified in or pursuant to The <br />Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., <br />as now or later amended, any chemical substances or mixture regulated under the Toxic <br />Substances Control Act of 1976, 15 U.S.C. Section 2601, et seq., as now or later amended, any <br />"toxic pollutant" under the Clear Water Act, 33 U.S.C. Section 1251 et seq., as now or later <br />amended, any hazardous air pollutant under the Clean Air Act, 42 U.S.C. Section 7901 et seq., <br />as now or later amended, and any hazardous or toxic substance or pollutant now or later <br />regulated under any other applicable federal, state or local Environmental Laws, have been <br />generated, treated, stored, released or disposed of, or otherwise deposited in or located on the <br />Property, including without limitation, the surface and sub-surface waters of the Property, nor <br />has any activity been undertaken on the Property which would cause the Property to become a <br />hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise, <br />bring the Property within the ambit of, any of the aforementioned acts or any similar state law <br />or local ordinance or any other Environmental Law. Seller also warrants that to the best of <br />Seller's knowledge there are no substances or conditions in or on the Property which may
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