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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 /> The term "Hazardous Materials" 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.G. 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 /> The Seller's representations and warranties set forth in this Section shall be continuing and are
<br /> deemed to be material to the Buyer's execution of this Purchase Agreement and the Buyer's
<br /> performance of its obligations hereunder. All such representations and warranties shall be true
<br /> and correct on and as of the Closing Date with the same force and effect as if made at that time:
<br /> and all of such representations and warranties shall survive the closing and any cancellation or
<br /> termination of this Purchase Agreement, and shall not be affected by any investigation.
<br /> verification or approval by any party hereto or by anyone on behalf of any party hereto. The
<br /> Seiler agrees to defend, indemnify and hold the Buyer harmless for, from,and against any loss,
<br /> costs, damages, expenses, obligations and attorneys' fees incurred should an assertion, claim,
<br /> demand, action or cause of action be instituted, made or taken, v,hien is contrary to or
<br /> inconsistent with the representations or warranties contained herein.
<br /> 10. Closing Costs/Recording Fees/Deed Tax. The Buyer will pay: (a) title
<br /> insurance premium costs:(b)the recording fee for the deed transferring title to the Buyer:and(d)
<br /> any survey or environmental investigation costs incurred by it. The Seller will also pay all other
<br /> fees normally paid by sellers, including (a) any transfer taxes, recording fees and well
<br /> Disclosure fees required to enable the Buyer to record its deed from the Seller under this
<br /> Agreement: (h) tees and charges related to the filing of any instrument required to make title
<br /> marketable: and (c) title evidence and updating costs. The Seller and Buyer will pay its own
<br /> portion of any closing fees charged by the title insurance or other closing agent.if any.utilized to
<br /> close the transaction contemplated by this Agreement. Each parte shall pay its own attorney
<br /> 1 1. Inspections. From the date of this Agreement to the Closing Date.the Buyer. its
<br /> employees and agents, shall be entitled to enter upon the Property to conduct such surveying.
<br /> inspections, investigations. soil borings and testing, and drilling, monitoring, sampling and
<br /> SJS UI I i5-1
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