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filing of all returns or other documents required by any taxing authority claiming
<br />jurisdiction with respect to any such taxes;
<br />The execution, delivery and performance by Seller of this Agreement and the
<br />performance by Seller of the transactions contemplated hereunder, and the
<br />conveyance and delivery by Seller to Buyer of possession and title to the Property
<br />have each been duly authorized by such persons or authorities as may be
<br />required, and on the Closing Date, Seller shall provide Buyer and Escrow Agent
<br />with certified resolutions, or other instruments, in form satisfactory to Buyer,
<br />evidencing such authorization,
<br />(h) Through and until the Closing Date and with the exception of the ECR, Seller shall
<br />not enter into any covenant, restriction, encumbrance, right of lien, easement,
<br />lease or other contract pertaining to the Property;
<br />(i) 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 pro -per 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 an the Property. The terms "Hazardous Substance" and "Hazardous
<br />Substances 1} 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 rernediation 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 />13
<br />B:
<br />S:
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