|
(i)
<br />(j)
<br />To the best of Seller's knowledge, there are no underground storage tanks and no
<br />Hazardous Substances located in, on or about or generated from the Property
<br />which may require removal or remediation or which may result in penalties under
<br />any applicable law; Seller shall be responsible for the proper removal and disposal
<br />prior to Closing of any such Hazardous Substances, including but not limited to
<br />asbestos or asbestos containing materials currently located in any of the buildings
<br />situated on the Property. The terms "Hazardous Substance" and "Hazardous
<br />Substances" shall mean and refer to any substance, whether solid, liquid or
<br />gaseous in nature, which is or contains (i) any "hazardous substance" as now or
<br />in the future defined by the CERCLA or any regulations promulgated under
<br />CERCLA, (ii) any "hazardous waste" as now or in the future defined under RCRA
<br />or any regulations promulgated under RCRA, (iii) any substance regulated by the
<br />Toxic Substances Control Act (15 U.S.C. §2601 et seq.), (iv) gasoline, diesel fuel
<br />or other petroleum hydrocarbons or petroleum byproducts or derivatives, including
<br />crude oil or any fraction thereof (v) asbestos and asbestos containing materials, in
<br />any form, whether friable or non -friable, (vi) polychlorinated biphenyls, (vii) radon
<br />gas, (viii) urea formaldehyde foam insulation, (ix) mold, radon, lead paint, nuclear
<br />fuel or materials, radioactive materials, explosives or known carcinogens, and (x)
<br />any additional substances, materials, or wastes which are now or in the future
<br />classified or considered to be hazardous, toxic, explosive, corrosive, flammable,
<br />infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous,
<br />contaminating or polluting, or dangerous, or otherwise are or become regulated in
<br />any manner by any federal, state or locate governmental agency under applicable
<br />environmental laws, the common law, or any other applicable laws related to the
<br />Property. Hazardous Substances shall include without limitation, any substance,
<br />whether solid, liquid, or gaseous in nature, the presence of which on the Property
<br />(i) requires reporting, investigation, or remediation under applicable environmental
<br />laws (ii) causes or threatens to cause a nuisance on the Property or to adjacent or
<br />neighboring properties, (iii) poses or threatens to pose a hazard to health or safety
<br />of persons on, in, at or about the Property, including without limitation vapor
<br />intrusion into the indoor air of any existing or future structures on the Property, (iv)
<br />which, if emanated or migrated from the Property constitute a trespass, or (v) which
<br />could give rise to a claim for damages or injunctive relief resulting from personal
<br />injury, or property or natural resource damages;
<br />Seller shall not, without the prior written consent of Buyer, alter the natural
<br />topography and vegetation currently existing on, in or about the Property,
<br />including, but not limited to the cutting, burning or removal of any trees, removing
<br />any minerals or topsoil, dumping of any soil, fill or other matter, or altering the
<br />natural flow of any water courses located on the Property;
<br />(k) To the best of Seller's knowledge, there are no laws, ordinances, regulations,
<br />covenants, conditions or restrictions pertaining to or encumbering the Property
<br />which would, in any way, impair, interfere with or prevent Buyer's intended use of
<br />the Property as a retail grocery store;
<br />13
<br />B:
<br />S:
<br />
|