|
<br />Refuse and Hazardous Materials
<br /> (k) . The Seller has not performed and has no
<br />actual knowledge of any excavation, dumping or burial of any refuse materials or debris of any
<br />nature whatsoever on the Property. To the Seller’s best actual knowledge and belief, there are no
<br />“Hazardous Materials” (as hereinafter defined) on the Property that would subject the Buyer to
<br />any liability under either federal or state laws, including, but not limited to, the disposal of any
<br />foreign objects or materials upon or in the Property, lawful or otherwise. Without limiting the
<br />generality of the foregoing, the Seller represents and warrants to the Buyer that, to the Seller’s
<br />best actual knowledge and belief:
<br />1. The Property is not now and has never been used to generate, manufacture, refine,
<br />transport, treat, store, handle, dispose, transfer, produce, process or in any manner
<br />deal with Hazardous Materials;
<br />2. No Hazardous Materials have ever been installed, placed, or in any manner
<br />handled or dealt with on the Property;
<br />3. There are no underground or aboveground storage tanks on the Property;
<br />4. Neither the Seller nor any prior owner of the Property or any tenant, subtenant,
<br />occupant, prior tenant, prior subtenant, prior occupant or person (collectively,
<br />“Occupant”) has received any notice or advice from any governmental agency or
<br />any other Occupant with regard to Hazardous Materials on, from or affecting the
<br />Property.
<br />“Hazardous Materials”
<br />The term as used herein includes, without limitation, gasoline,
<br />petroleum products, explosives, radioactive materials, hazardous materials, hazardous wastes,
<br />hazardous or toxic substances, polychlorinated biphenyls or related or similar materials, asbestos
<br />or any material containing asbestos, or any other substance or material as may be defined as a
<br />hazardous or toxic substance by any federal, state or local environmental law, ordinance, rule, or
<br />regulation including, without limitation, the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the
<br />Hazardous Materials Transportation Act, as amended (42 U.S.C. Section 1801, et seq.), the
<br />Resource Conservation and Recovery Act, as amended (42 U.S. C. Section 1251, et seq.), the
<br />Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.) and in the regulations adopted and
<br />publications promulgated pursuant thereto.
<br /> “AS IS, WHERE IS.”
<br />10. The Buyer acknowledges that it has inspected or has had
<br />the opportunity to inspect the Property and agrees to accept the Property “AS IS” with no right of
<br />set off or reduction in the Purchase Price. Such sale shall be without representation of
<br />warranties, express or implied, either oral or written, made by the Seller or any officer,
<br />employee, or agent of the Seller with respect to the physical condition of the Property, with
<br />respect to the compliance of the Property or its operation with any laws, ordinances, or
<br />regulations of any government or other body, except as stated above. The Buyer acknowledges
<br />and agrees that the Seller has not made and does not make any representations, warranties, or
<br />covenants of any kind or character whatsoever, whether expressed or implied, including, but not
<br />limited to, to warranty of income potential, operating expenses, uses, habitability, tenant ability,
<br />6
<br />
<br />505045v4 SJS EL185-13
<br />
<br />
|