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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 /> relating to the condition of the Property. The foregoing shall apply to any condition of
<br /> the Property, known or unknown, contemplated or uncontemplated, suspected or
<br /> unsuspected, including without limitation the presence of any Hazardous Substance on
<br /> the Property, whether such Hazardous Substance is located on or under the Property, or
<br /> has migrated from or to the Property, regardless of whether the foregoing condition of the
<br /> Property was caused in whole or in part by the Seller's actions or inactions.
<br /> 6
<br /> DOCS45557612-0
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