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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 />11. RELEASE. By accepting the deed to the 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 Claims (including without limitation all Claims
<br />arising under any Environmental Law and all Claims arising at common law, in equity or
<br />under a federal, state or local statute, rule or regulation), 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
<br />against Seller and anyone acting on its behalf with respect to the condition of the
<br />Property, whether arising at common law, in equity or under a federal, state or local
<br />statute, rule or regulation. The foregoing shall apply to any condition of the Property,
<br />known or unknown, contemplated or uncontemplated, suspected or unsuspected,
<br />including without limitation the presence of any Hazardous Substance on the Property,
<br />whether such Hazardous Substance is located on or under the Property, or has migrated
<br />from or to the Property.
<br />12. CONDEMNATION. If, prior to closing, eminent domain proceedings are commenced
<br />against all or any part of the Property, Seller shall immediately give notice to Buyer of such
<br />fact. If, in Buyer's reasonable discretion, the proposed taking interferes with Buyer's
<br />intended use of the Property, Buyer shall have the right (to be exercised within thirty (30)
<br />days after Seller's notice), to terminate this Agreement, in which event neither party will
<br />have further obligations under this Agreement and the Earnest Money, together with any
<br />accrued interest, shall be refunded to Buyer. If Buyer shall fail to give such notice then
<br />there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at closing
<br />all of Seller's right, title and interest in and to any award made or to be made in the
<br />condemnation proceedings. Prior to closing, Seller shall not designate counsel, appear in,
<br />or otherwise act with respect to the condemnation proceedings without Buyer's prior
<br />written consent
<br />13. NOTICES. Notices permitted or required by this Agreement must be in writing and
<br />shall be deemed given when delivered in legible form to the party to whom addressed.
<br />Notices may be sent by certified mail or e-mail. Notices are effective two business days
<br />after they are mailed via certified mail, return receipt requested or, if sent by email, upon
<br />email transmission (provided that any email transmission that occurs after 5:00 pm
<br />Central Time will be deemed provided on the following day). If delivered at the Closing,
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