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<br /> • without limitation the presence of any Hazardous Substance on the Property,whether such
<br /> Hazardous Substance is located on or under the Property, or has migrated from or to the
<br /> Property.
<br /> 27. INDEMNITY: Buyer agrees to indemnify, hold harmless and defend Seller and
<br /> its respective directors, officers, stockholders, divisions, agents, affiliates, subsidiaries,
<br /> predecessors, successors and assigns, grantors or anyone acting on its behalf or their
<br /> behalf for, from and against any and all Claims (including without limitation all Claims
<br /> arising under any Environmental Law and all Claims arising at common law, in equity or
<br /> under a federal, state or local statute, rule or regulation) past, present and future, existing
<br /> and contingent, known and unknown arising out of, resulting from, or relating to the
<br /> condition of the Property. The foregoing shall apply to any condition of the Property,
<br /> known or unknown,contemplated or uncontemplated,suspected or unsuspected,including
<br /> without limitation the presence of any Hazardous Substance on the Property,whether such
<br /> Hazardous Substance is located on or under the Property, or has migrated from or to the
<br /> Property, regardless of whether the foregoing condition of the Property was caused in
<br /> whole or in part by the Seller's actions or inactions.
<br /> 28. ENVIRONMENTAL: PARTIES' RIGHT TO TERMINATE: Either party may
<br /> terminate this agreement at any time prior to the delivery of the deed if it determines,in the
<br /> exercise of its discretion, that circumstances related to Hazardous Substances render the
<br /> sale inadvisable.ln the event of such termination, Seller will refund the Deposit,.without
<br /> interest. The closing of the sale, if it occurs, is not, and shall not be construed as, an
<br /> actual or implied representation or warranty by Seller as to the condition of the Property
<br /> or the absence of Hazardous Substances.
<br /> 29. DEFINITIONS:
<br /> "Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes
<br /> of action, demands, penalties, debts, obligations, promises, acts, fines, judgments,
<br /> damages, consequential damages, losses, costs, and expenses of every kind (including
<br /> without limitation any attorney's fees, consultant's fees, costs, remedial action costs,
<br /> cleanup costs and expenses which may be related to any claims).
<br /> "Environmental Law" means the Comprehensive Environmental Response,
<br /> Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.,-the Federal Water Pollution
<br /> Control Act, 33 U.S.C. § 1251 et seq., the Clean Water Act, 33 U.S.C. § 1321 et seq., the
<br /> Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §
<br /> 2601 et seq., all as amended from time to time, and any other federal, state, local or other
<br /> governmental statute, regulation, rule, law or ordinance dealing with the protection of
<br /> • FORM 900.1/97.STD.00180-01.otp
<br /> OFFER TO PURCHASE RAMSEY COUNTY.MN -10-
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