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4. Neither the Sellers nor any prior owner of the Property or any tenant, subtenant,
<br />occupant, prior tenant, prior subtenant, prior occupant or person (collectively,
<br />"Occupant") have 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 material
<br />containing asbestos, or any other substance or material as may be defined as a hazardous or toxic
<br />substance by any federal, state or local environmental law, ordinance, rule, or regulation including,
<br />without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act
<br />of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation
<br />Act, as amended (42 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act,
<br />as amended (42 U.S. C. Section 1251, et seq.), the Clean Air Act, as amended (42 U.S.C. Section
<br />7401, et seq.), and in the regulations adopted and publications promulgated pursuant thereto.
<br />The Sellers' 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, verification
<br />or approval by any party hereto or by anyone on behalf of any party hereto. The Sellers agree to
<br />defend, indemnify, and hold the Buyer harmless for, from, and against any loss, costs, damages,
<br />expenses, obligations, and attorneys' fees incurred should an assertion, claim, demand, action, or
<br />cause of action be instituted, made, or taken, which is contrary to or inconsistent with the
<br />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 cost to record its deed from the Sellers under this Agreement; (c) one-half
<br />of the closing fee charged by the title insurance or other closing agent, if any, utilized to close this
<br />transaction contemplated by this Agreement; and (d) any survey or environmental investigation
<br />costs incurred by it. The Sellers will pay: (a) any transfer/deed taxes and well disclosure fees
<br />required to enable the Buyer to record its deed from the Sellers under this Agreement; (b) fees and
<br />charges related to the filing of any instrument required to make title marketable; (c) title
<br />commitment fee; (d) title search and examination costs; and (e) one-half of the closing fee charged
<br />by the title insurance or other closing agent, if any, utilized to close the transaction contemplated
<br />by this Agreement. 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, as the Buyer shall elect; provided, that the
<br />Sellers are given at least 24 hours' notice.
<br />12. Risk of Loss. If there is any loss or damage to the Property between the date hereof
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