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• §9601, et seq., and substances defined as "hazardous wastes," "hazardous substances," <br /> "pollutants, or contaminants" as defined in the Minnesota Environmental Response and <br /> Liability Act, Minnesota Statutes, §115B.02. The term "hazardous substance" must also <br /> include asbestos,polychlorinated biphenyls,petroleum, including crude oil or any <br /> fraction thereof,petroleum products, heating oil,natural gas, natural gas liquids, liquified <br /> natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic <br /> gas). <br /> If, at any time prior to the Date of Closing, Seller acquires actual knowledge of events, <br /> circumstances or facts which render the representations set forth in this Section 15 inaccurate in <br /> any respect, Seller must immediately notify Buyer, in writing. Buyer's acceptance of the deed <br /> described in Section 9 from Seller and payment of the Purchase Price to Seller with knowledge <br /> that one or more of the matters set forth above are not as represented constitutes Buyer's waiver <br /> or release of any claims due to such misrepresentation. <br /> 16. Buyer's Representations. Buyer hereby represents to Seller as follows: <br /> a. The individuals executing this Agreement on behalf of Buyer represent <br /> and warrant that they have the authority to execute this Agreement on behalf of Buyer <br /> and to bind Buyer. Buyer represents that Buyer has the full and complete authority to <br /> enter into this Agreement and to purchase the Property. <br /> b. Buyer represents that Buyer has engaged C. B. Richard Ellis ("Buyer's <br /> • Agent")to act as Buyer's real estate agent in connection with this transaction. Buyer <br /> represents that Buyer has not engaged anyone else to act as Buyer's agent in this <br /> transaction. <br /> 17. Buyer's Inspection and "AS IS" Sale. At all times prior to the Date of Closing, <br /> Buyer and its agents have the right, upon reasonable notice to Seller, to go upon the Property to <br /> inspect the Property and to determine the condition of the Property including, specifically, the <br /> presence or absence of Hazardous Substances, in, on, or about the Property. Buyer agrees to <br /> indemnify and defend Seller from and to hold Seller harmless against any and all claims, causes <br /> of action or expenses, including attorneys fees, relating to or arising from Buyer's or Buyer's <br /> agents or contractors presence on the Property prior to the Date of Closing. Buyer agrees to <br /> repair any damage to the Property caused by such inspections and to return the Property to <br /> substantially the same condition as existed prior to Buyer's inspection. BUYER <br /> ACKNOWLEDGES THAT BUYER IS PURCHASING THE PROPERTY IN RELIANCE <br /> ON THE REPRESENTATIONS OF SELLER SET FORTH IN SECTION 15; ON <br /> BUYER'S INSPECTION OF THE PROPERTY PURSUANT TO THIS SECTION 17; <br /> AND ON BUYER'S JUDGMENT REGARDING THE SUFFICIENCY OF SUCH <br /> INSPECTIONS. BUYER IS NOT RELYING ON ANY WRITTEN OR ORAL <br /> REPRESENTATIONS,WARRANTIES OR STATEMENTS THAT SELLER OR <br /> SELLER'S AGENTS HAVE MADE EXCEPT FOR THE REPRESENTATIONS SET <br /> FORTH IN SECTION 15 OF THIS AGREEMENT. SUBJECT TO BUYER'S RIGHT TO <br /> TERMINATE THIS AGREEMENT PURSUANT TO SECTION 18,BUYER IS <br /> • PURCHASING THE PROPERTY IN "AS IS" CONDITION RELYING ONLY ON THE <br /> REPRESENTATIONS SET FORTH IN SECTION 15. <br /> 1787559v1 8 <br />