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<br /> 11.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 /> 12.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.
<br /> 13.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 /> 6 DRAFT
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