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b. Buyer may,, at any time on or before 5:00 p.m. on the last day of the Inspection
<br /> Period,terminate the Agreement by written notice to Seller based on Buyer's
<br /> determination, in Buyer's sole and absolute discretion,that the condition of the
<br /> Property is not suitable for Buyer's intended use or that Buyer may not be able to
<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 in-List 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 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 govern-mental
<br /> 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
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