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DocuSign Envelope ID:B6D89C5B-9EC5-4BD5-9144-716EC1C4A22B
<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, and the Seller shall pay any remaining
<br /> Initial Deposit to Buyer.
<br /> 10. 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 costs
<br /> 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 U.S.C.
<br /> § 7401 et seq., and the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as
<br /> amended from time to time,and any other federal,state,local or other governmental statute,
<br /> regulation, rule, law or ordinance dealing with the protection of human health, safety,
<br /> 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. By accepting the deed to the Property, Buyer, for itself, its directors,
<br /> officers, stockholders, divisions, agents, affiliates, subsidiaries,predecessors,
<br /> successors, and assigns and anyone acting on its behalf or their behalf hereby fully
<br /> releases and forever discharges Seller from any and all Claims (including without
<br /> limitation all Claims arising under any Environmental Law and all Claims arising at
<br /> common law, in equity or under a federal, state or local statute,rule or regulation),
<br /> past,present and future, known and unknown, existing and contingent, arising out of,
<br /> resulting from, or relating to the condition of the Property, and Buyer hereby waives
<br /> any and all causes of action(including without limitation any right of contribution)
<br /> Buyer had,has or may have against Seller and anyone acting on its behalf with respect to the
<br /> condition of the Property,whether arising at common law,in equity or under a federal, state or
<br /> local statute,rule or regulation. The foregoing shall apply to any condition of the Property,
<br /> known or unknown,contemplated or uncontemplated, suspected or unsuspected,including
<br /> without limitation the presence of any Hazardous Substance on the Property,whether such
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