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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 /> 11. 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 /> any Hazardous Substance on the Property, whether such Hazardous Substance is located
<br /> on or under the Property, or has migrated from or to the Property.-; provided, that nothing
<br /> contained herein shall constitute a waiver by Buyer of any Claims for contribution or
<br /> other right of reimbursement or recovery for violations of Environmental Law caused or
<br /> consented to by Seller or parties engaged by or on behalf of Seller prior to Closing.
<br /> 12. INDEMNITY. Buyer agrees to indemnify, hold harmless and defend Seller or anyone
<br /> acting on its behalf for, from and against any and all Claims (including without limitation
<br /> all Claims arising under any Environmental Law and all Claims arising at common law,
<br /> in equity or under a federal, state or local statute, rule or regulation)past,present and
<br /> future, existing and contingent, known and unknown arising out of, resulting from, or
<br /> relating to the condition of the Property unless caused by Seller or parties acting on
<br /> Seller's behalf. The foregoing shall apply to any condition of the Property, known or
<br /> unknown, contemplated or uncontemplated, suspected or unsuspected, including without
<br /> limitation the presence of any Hazardous Substance on the Property, whether such
<br /> Hazardous Substance is located on or under the Property, or has migrated from or to the
<br /> Property, unless the foregoing condition of the Property was caused in whole or in part by
<br /> the Seller or a party acting on Seller's behalf.
<br /> 13. NOTICES. Notices permitted or required by this Agreement must be in writing and
<br /> shall be deemed given when delivered in legible form to the party to whom addressed.
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