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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 Seiler 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 unconternplated, suspected or unsuspected, including
<br />without limitation the presence of any Hazardous Substance on the Property, whether such
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