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determination, in Buyer's sole and absolute discretion, that the condition of the
<br />Property is not suitable for Buyer's intended use or that Buyer may not be able to
<br />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
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