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obtain all governmental approvals and utilities necessary for Buyer's intended use <br />of the Property. In addition, this Agreement automatically terminates at 5:00 p.m. <br />on the last day of the Inspection Period unless, prior to that time Buyer delivers a <br />written notice of Buyer's intention to proceed (a "Notice to Proceed") to Seller. <br />c. If, pursuant to Section 9(b) either Buyer terminates this Agreement or this <br />Agreement is automatically terminated, the Escrow Agent must disburse to Buyer <br />any Earnest Money Escrow Agent holds, other than Earnest Money Escrow Agent <br />is obligated to disburse to Seller pursuant to Sections 4(b) and (c). <br />9. DEFINITIONS. As used in this Agreement: <br />"Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes of <br />action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, <br />consequential damages, losses, costs, and expenses of every kind (including without <br />limitation any attorney's fees, consultant's fees, costs, remedial action costs, cleanup <br />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 (the Clean Water Act), 33 U.S.C. § 1251 et seq. the Clean Air Act, 42 <br />U.S.C. § 7401 et seq., and the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all <br />as amended from time to time, and any other federal, state, local or other governmental <br />statute, regulation, rule, law or ordinance dealing with the protection of human health, <br />safety, natural resources or the environment now existing or hereafter enacted. <br />"Hazardous Substance" or "Hazardous Substances" means any pollutant, contaminant, <br />hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, <br />radioactive material, chemical known to cause cancer or reproductive toxicity, <br />polychlorinated biphenyl or any other chemical, substance or material listed or identified <br />in or regulated by any Environmental Law. <br />10. RELEASE. Buyer, for itself, its directors, officers, stockholders, divisions, agents, <br />affiliates, subsidiaries, predecessors, successors, and assigns and anyone acting on its <br />behalf or their behalf hereby fully releases and forever discharges Seller from any and all <br />Claims (including without limitation all Claims arising under any Environmental Law <br />and all Claims arising at common law, in equity or under a federal, state or local statute, <br />rule or regulation), past, present and future, known and unknown, existing and <br />contingent, arising out of, resulting from, or relating to the condition of the Property, and <br />Buyer hereby waives any and all causes of action (including without limitation any right <br />of contribution) Buyer had, has or may have against Seller and anyone acting on its <br />behalf with respect to the condition of the Property, whether arising at common law, in <br />equity or under a federal, state or local statute, rule or regulation. The foregoing shall <br />apply to any condition of the Property, known or unknown, contemplated or <br />uncontemplated, suspected or unsuspected, including without limitation the presence of <br />Purmort PA, v03312016, G>EDA>Accounts>Purmort 5 <br />