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2. No Hazardous Materials have ever been installed, placed, or in any manner handled
<br />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 />The term "Hazardous Materials" as used herein includes, without limitation, gasoline, petroleum
<br />products, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or
<br />toxic substances, polychlorinated biphenyls or related or similar materials, asbestos or any
<br />material containing asbestos, or any other substance or material as may be defined as a hazardous
<br />or toxic substance by any federal, state, or local environmental law, ordinance, rule, or regulation
<br />including, without limitation, the Comprehensive Environmental Response, Compensation, and
<br />Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials
<br />Transportation Act, as amended (42 U.S.C. Section 1801, et seq.), the Resource Conservation and
<br />Recovery Act, as amended (42 U.S. C. Section 1251, et seq.), the Clean Air Act, as amended (42
<br />U.S.C. Section 7401, et seq.) and in the regulations adopted and publications promulgated
<br />pursuant thereto.
<br />The SelleiSellers's representations and warranties set forth in this Section shall be continuing and
<br />are 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 and
<br />correct on and as of the Closing Date with the same force and effect as if made at that time; and all
<br />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 Seller
<br />agreesSellers aeree to defend, indemnify, and hold the Buyer harmless for, from, and against any
<br />loss, costs, damages, expenses, obligations, and attorneys' fees incurred should an assertion,
<br />claim, demand, action, or cause of action be instituted, made, or taken, which 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 insurance
<br />premium costs; (b) the recording fee for the deed transferring title to the Buyer; (c) any survey or
<br />environmental investigation costs incurred by it; (d) any transfer taxes, recording fees and Well
<br />Disclosure fees required to enable the Buyer to record its deed from the Sellei&llers under this
<br />Agreement; (e) title evidence and updating costs; and (f) the closing fee charged by the title
<br />insurance or other closing agent, if any, utilized to close the transaction contemplated by this
<br />Agreement.. The SelkTSellers will pay any fees and charges related to the filing of any instrument
<br />required to make title marketable. Each party shall pay its own attorney fees.
<br />11. 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
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<br />525535v2 SJS ELI 85-48
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