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any and all claims or causes of action based upon any Environmental <br />Law. <br />(5) WELL DISCLOSURE. <br />[Check either A or B:] <br />^ A. Seller certifies that Seller does not know of any wells on the Property. <br />~B. To Seller's actual knowledge, there is a well located on the Property <br />and Seller will deliver a well disclosure -form at Closing or make such other <br />representations in the deed as may be required by Minnesota law. <br />(6) SEWAGE TREATMENT SYSTEM DISCLOSURE. <br />[Check either A or B:] <br />^ A. Seller certifies that sewage enera ed at~,the Property hoes to a facility <br />permitted by the Minnesota Pollution control Agency (municipal -sewer <br />system). <br />~B. Seller certifies that sewage generated at the Property does not go to a <br />facility permitted by the Mimiesota Pollution Control Agency and Seller's <br />Disclosure of Individual SewageTreatment System is attached as Exhibit B. <br />[Check either C or D:] <br />^ C. Seller does not know if there is an abandoned individual sewage <br />..treatment system on the Property. <br />DD. To Seller's actual knowledge, there are no abandoned individual <br />sewage treatment systems on the Property. <br />j. SELLER'S INDEMNITY. SELLER will indemnify BUYER, its <br />successors and assigns, against, and will hold BUYER, its successors and <br />assigns, harmless from, any expenses or damages, including reasonable <br />attorneys' fees, that BUYER incurs because of the breach of any of the <br />representations and warranties contained in this Paragraph i 0., whether such <br />breach is discovered before or after closing. Each of the representations and <br />warranties herein contained shall survive the Closing. Except as herein <br />expressly stated, BUYER is purchasing the Property based upon its own <br />investigation and inquiry and is not relying on any representation of <br />SELLER or other person and is agreeing to accept and purchase the Property <br />"as is, where is" subject to the conditions of examination herein set forth and <br />the express warranties herein contained. Consummation of this Agreement <br />by BUYER with knowledge of any such breach by SELLER will not <br />constitute a waiver or release by BUYER of any claims due to such breach. <br />6 <br />