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or by which the transferring Party or the Exchange Parcels are bound, any
<br />applicable regulation or any judgment, order, or decree of any court
<br />having jurisdiction over the transferring Party or the Exchange Parcels.
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<br />(6)
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<br />Except for the transferring Party, there are no parties with any interest in
<br />the Exchange Parcels (marital, homestead, or otherwise), and no other
<br />signatures are required to make this Contract fully enforceable by the
<br />acquiring Party.
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<br />(7) There are no buildings or improvements located on the Exchange Parcels.
<br />
<br />(8)
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<br />The transfemng Party does not know of any underground or aboveground
<br />storage tanks currently or formerly located on the Exchange Parcels.
<br />
<br />(9)
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<br />The transferring Party does not know of any individual sewage treatment
<br />systems or wells on or serving the Exchange Parcels.
<br />
<br />(10)
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<br />To the best of its knowledge and belief, transferring Party has received no
<br />notice with respect to any investigation, administrative order, consent
<br />order or agreement, litigation, or settlement with respect to hazardous
<br />materials or hazardous material contamination that may exist with respect
<br />to the Exchange Parcel. Transferring Party has not manufactured, stored,
<br />generated, treated or disposed of any Hazardous Material on the Exchange
<br />Parcel. As used herein, "Hazardous Material" means any hazardous,
<br />toxic, or dangerous waste, substance, or material, as currently defined for
<br />purposes of the Comprehensive Environmental Response, Compensation
<br />and Liability Act of 1980, as amended, or any other federal, state, or local
<br />law, ordinance, rule, or regulation, applicable to the Property and
<br />establishing liability standards or required action as to reporting,
<br />discharge, spillage, storage, uncontrolled loss, seepage, filtration, disposal,
<br />removal, use or existence of a hazardous, toxic, or dangerous waste,
<br />substance or material.
<br />
<br /> b. Indemnity. The transferring Party shall indemnify, defend and hold the acquiring
<br />Party, its successors and assigns harmless from and against all fines, penalties, liabilities, claims,
<br />suits, actions, damages, losses, costs and expenses including, without limitation, attorneys' fees,
<br />consequential damages and the cost of any environmental remediation, removal, response,
<br />abatement, clean-up, investigation and monitoring, directly or indirectly, and in whole or in part,
<br />arising out of or attributable to a breach of any of the representations, warranties or covenants of
<br />the transferring Party in this Contract.
<br />
<br /> c. Remedy. In the event that any of the representations, warranties or covenants set
<br />forth in this Contract are not true and correct as of the Closing Date, the Party to whom such
<br />representations, warranties and covenants are made may, in addition to its other remedies, either:
<br />
<br />(1) terminate this Contract pursuant to Section 14; or
<br />
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