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necessary. BUYER and SELLER agree that SELLER shall make all
<br />determinations regarding the timing of removal of, and disposition of,
<br />contaminated soils or water, if any, on the Property (and that such soils or
<br />water may not be removed without SELLER'S prior written approval).
<br />SELLER makes no representations or warranties whatsoever to BUYER
<br />regarding the presence or absence of any Hazardous Substances on the
<br />Property. Notwithstanding the above, in the event that BUYER reasonably
<br />determines that the Property is unacceptable to BUYER due to the condition
<br />of the Property, BUYER shall give SELLER written notice of such fact as
<br />.soon as possible and in any event on or before the expiration of the Review
<br />Period. BUYER may, at BUYER'S option, terminate this Agreement by
<br />written notice to SELLER prior to the expiration of the Review Period.
<br />c. "Hazardous Substances" shall include, without limitation, polychlorinated
<br />biphenyls, petroleum, including crude oil or any fraction- thereof, petroleum
<br />products, heating oil, natural gas; natural gas liquids, liquefied natural gas or
<br />synthetic gas usable for fuel, and shall inchide, without limitation; substances
<br />defined as "hazardous substances", "toxic substances", "hazardous waste",
<br />"pollutants or contaminants" or similar substances under any Environmental
<br />Law.
<br />"Environmental La«~" shall mean (a) the Comprehensive Environmental
<br />Response Compensation and Liability Act. of .1980, 42 U.S.C. § 9601-9657,
<br />as amended, or any similar state law or Local ordinance, (b) the Resource
<br />Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., (c) the
<br />FederalWater Pollution Control Act, 33 U.S.C. § 1251 et seq., (d) the Clean
<br />Air Act, 42 U.S.C. § 7401, et seq., (e) the Clean Water Act, 33 U.S.C. § 1251
<br />et seq., (~ the Toxic Substances .Control Act, 15 U.S.C. § 2601 et seq., (g)
<br />the Safe Drinking... Water Act, 42 U.S.C. § 300(f) et seq., (h) any law or
<br />regulation governing .aboveground or underground storage tanks, (i) any
<br />other federal, state, county, municipal, local or other statute, law, ordinance
<br />or regulation, (j) all rules or regulations promulgated under any of the
<br />foregoing, and (k) any amendments of the foregoing.
<br />"Seller Environmental Conditions" shall mean any release or threatened
<br />release of any Hazardous Substances into the drainage systems, soils,
<br />.groundwater, waters or atmosphere, which release is the result of the control,
<br />use, occupancy and/or operation of the Property by SELLER or its affiliates
<br />prior to the Closing Date.
<br />8. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes and
<br />assessments shall be payable as follows:
<br />a. Real estate taxes including special assessments due and payable in and for the
<br />year of closing shall be prorated between SELLER and BUYER to the
<br />actual Closing Date.
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