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Property. For purposes of this representation, the term "Hazardous Substances" means
<br />asbestos and asbestos - containing materials, polychlorinated biphenyls, nuclear fuel or
<br />materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum
<br />products, or other dangerous, toxic, or hazardous pollutant, contaminant, chemical, material
<br />or substance defined as hazardous or as a pollutant or contaminant in, or the release or
<br />disposal of which is regulated by, any Environmental Laws. For purposes of this
<br />Agreement, the term "Environmental Laws" shall mean the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), 42
<br />U.S.C. §§ 9601 -9657, as amended, and any other federal, state and local laws, rules and
<br />regulations dealing with Hazardous Substances, the environment or public health.
<br />(m) FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or
<br />"foreign estate," as those terms are defined in Section 1445 of the Internal Revenue Code.
<br />(n) Protected Historical Sites. To Seller's knowledge, the Real Property does not have
<br />any American Indian burial grounds, other human burial grounds, ceremonial earthworks,
<br />historical materials, and /or other archeological sites that are protected by federal or state
<br />law. Buyer's obligation to close is contingent upon Buyer determining to Buyer's
<br />satisfaction that the Real Property does not have any American Indian burial grounds, other
<br />human burial grounds, ceremonial earthworks, historical materials, and /or other
<br />archeological sites that are protected by federal or state law.
<br />Except for the representations explicitly set forth in this Agreement, Seller and Buyer agree that
<br />Buyer will accept possession of the Real Property in its AS -IS condition, WITH ALL FAULTS,
<br />and the sale of the Real Property to Buyer shall be without any other representation, covenant or
<br />warranty of any kind, express or implied, and Buyer, for Buyer, Buyer's agents, attorneys,
<br />representatives, heirs and assigns does hereby disclaim and renounce any other representation or
<br />warranty.
<br />The representations in this Section 8 shall survive the Closing.
<br />9. REPRESENTATIONS AND INDEMNITY BY BUYER Buyer represents to Seller
<br />that Buyer has the power and authority to execute this Agreement and any Buyer's Closing
<br />Documents signed by it; that all such documents have been authorized by all necessary action on
<br />the part of Buyer and at the Closing shall have been duly executed and delivered; that the
<br />execution, delivery, and performance by Buyer of such documents does not conflict with or
<br />violate any judgment, order or decree of any court or arbiter or any agreement by which Buyer is
<br />bound; and that all such documents are valid and binding obligations of Buyer and are
<br />enforceable in accordance with their terms.
<br />The representations in this Section 9 shall survive the Closing.
<br />10. CONDEMNATION. If, prior to the Closing Date, any governmental entity commences
<br />any eminent domain proceedings ( "Proceedings ") against all or any part of the Real Property,
<br />Seller shall give notice to Buyer of such fact, and, at Buyer's option (to be exercised by notice to
<br />Seller within thirty (30) days after Seller's notice), this Agreement shall terminate. Upon such
<br />termination, neither Seller nor Buyer shall have any further rights or obligations under this
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