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h.Buyer may, atany time onmbefore 5:00p.m. on the last day of the Inspection
<br />Period, terminate the Agreement bywritten notice to Seller based on Buyer's
<br />determination, in Buyer's no|c and absolute discretion, that the condition of the
<br />Property is not suitable for Buyer's intended use orthat Buyer may not be ub|c to
<br />obtain all governmental approvals and utilities necessary for Buyer's intended use
<br />of the Property. lnaddition, this Agreement automatically terminates n15:00p.nu.
<br />on the last day of the Inspection Period unless, prior to that time Buyer delivers u
<br />written notice nfBuyer's intention toproceed (u"Notice tmD»rwcmed")tnSeller.
<br />c. If, pursuant to Section 9(b)either Buyer terminates this Agreement orthis
<br />A8rmomncmt is automatically terminated, the Escrow Agent must disburse to Buyer
<br />any Earnest Money Escrow Agent holds.
<br />10. DEFINITIONS. As used in this Agreement:
<br />"Claim" or "Claims" means any and all |kd7i|hiex mobm claims, counterclaims, causes of
<br />action, demands, pcuuhium, debts, obligations, promises, acts, fines, judgments, damages,
<br />cnumoqucrdiu| damages, losses, costs, and expenses of every kind (including without
<br />limitation any attorney's fees, consultant's fees, costs, remedial action costs, cleanup costs
<br />and cxpcnmou which may be related to any claims).
<br />"Environmental Lmw" nncuno the Cnnqzrcbunuive Environmental Response,
<br />Compensation and Liability Act (^CBRCL/\"), 42 U.S.C. 8 9001 ctoeq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. 8 0901 ctyeq.,the Federal Water Pollution
<br />Cnnbu| Act (d`s Clean Water Act), 33 U.S.C. 8 1251 et seq. the Clean Air Act, 42 U.S.C.
<br />& 7401 et seq., and the Toxic Gubotuouce Control /\o1, 15 U.S.C. @ 2601 et seq., all as
<br />nolcodcd from time to time, and any other federal, state, local or other governmental
<br />statute, ncgu|n1}ou, rule, |uvv or ordinance dealing with the protection of human health,
<br />safety, natural noeoucocm or the environment now existing nrhereafter 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 o, reproductive toxicity,
<br />polychlorinated biphenyl or any other chemical, substance or material listed or identified
<br />in orregulated hyany Environmental Law.
<br />18'RELEASE, By accepting the deed tothe Property, Buyer, for itself, its directors,
<br />officers, stockholders, divisions, agents, affiliates, subsidiaries, predecessors, successors,
<br />and assigns and anyone acting on its behalf or their behalf hereby fully releases and
<br />forever discharges Seller from any and all C|eioom (including without limitation all C|uinnn
<br />arising under any Environmental Law and all Claims arising at common \up/, in equity or
<br />under ofederal, state or local statute, rule orncgu|udon)° past, present and future, known
<br />and unknown, existing and contingent, arising out of, resulting from, or relating to the
<br />condition of the Property, and Buyer hereby waives any and all causes of action
<br />(including without limitation any right of contribution) Buyer had, has or may have
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