|
transportation of Hazardous Substance. For purposes of this Agreement, the term
<br />"Hazardous Substance" includes but is not limited to substances defined as "hazardous
<br />substances," "toxic substances" or "hazardous wastes" in the Comprehensive
<br />Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C.
<br />§9601, et seq., and substances defined as "hazardous wastes," "hazardous substances,"
<br />"pollutants, or contaminants" as defined in the Minnesota Environmental Response and
<br />Liability Act, Minnesota Statutes, § 115B.02. The term "hazardous substance" also
<br />includes asbestos, polychlorinated biphenyls, petroleum, including crude oil or any
<br />fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquefied
<br />natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic
<br />gas);
<br />f. Seller represents that, to the best of Seller's actual knowledge, there are no
<br />wells located on the Property;
<br />g. Seller represents that, to the best of Seller's actual knowledge, the Property
<br />has not been used for the production of methamphetamine; and
<br />h. Seller represents that, to the best of Seller's actual knowledge, there are no
<br />abandoned individual sewage treatment systems on or serving the Property, and, to the
<br />best of Seller's actual knowledge, any sewage which is or would be generated on the
<br />Property would go to a facility permitted by the Minnesota Pollution Control Agency.
<br />For purposes of this Agreement the phrase "to the best of Seller's actual knowledge" means to the
<br />actual knowledge of Mr. Russ Bushman. If, at any time prior to the actual date of Closing, Seller
<br />acquires actual knowledge of events or circumstances which render the representations set forth
<br />in this Section 9 inaccurate, Seller must promptly notify Buyer. Seller will indemnify Buyer, its
<br />successors and assigns, against and will hold Buyer, its successors and assigns harmless from,
<br />any expenses or damages, including reasonable attorneys fees, that Buyer incurs because of the
<br />inaccuracy of any of the above representations when made. The representations set forth above
<br />will survive the closing of this transaction and Seller's delivery of a deed to Buyer; provided that
<br />Buyer's acceptance of the deed from Seller and payment of the Purchase Price to Seller with
<br />knowledge that one or more of the matters set forth above are not as represented, constitutes
<br />Buyer's waiver or release of any claims due to such misrepresentation. At closing, an authorized
<br />representative of Seller must execute and deliver to Buyer a certificate of Seller certifying that
<br />the representations contained in this Section 9 are true as of the actual date of Closing or, if such
<br />representations are no longer true, describing, in detail, the reasons why the representations are
<br />no longer true (the "Date Down Certificate").
<br />10. Buyer's Inspection. At all times after Seller acquires title to the Property and
<br />prior to the actual date of Closing, Buyer, any prospective purchasers from Buyer and any of
<br />their employees, agents or contractors have the right, upon reasonable notice to Seller, to go
<br />upon the Property to inspect the Property and to determine the condition of the Property,
<br />including specifically the presence or absence of hazardous substances, petroleum products and
<br />asbestos in, on, or about the Property. Buyer agrees to indemnify and defend Seller from and to
<br />hold Seller harmless against any and all claims, causes of action or expenses, including attorneys
<br />fees, relating to or arising from such person's presence on the Property prior to the actual date of
<br />2303766v8 7.
<br />
|