|
unknown, contemplated or uncontemplated, suspected or unsuspected, including without
<br /> limitation,the presence of any Hazardous Substance on the Rea1 Property, whether such
<br /> Hazardous Substance is located on or under the Real Property, or has migrated or will
<br /> migrate from or to the Real Property.
<br /> a. For purposes of this Section,the following terms have the following meanings:
<br /> i. "Environmental Law"means the Comprehensive Environmental
<br /> Response, Compensation and Liability Act("CERCLA"),42 U.S.C.
<br /> §9601 et seq.,the Resource Conservation and Recovery Act,42 U.S.C.
<br /> §9601 et seq. the Federal Water Pollution Control Act, 33 U.S.C. §1201 et
<br /> seq.,the Clean Water Act, 33 U.S.C. §1321 et seq., the Clean Air Act,42
<br /> U.S.C. §7401 et seq.,the Toxic Substances Control Act, 33 U.S.C. §1251
<br /> et seq., all as amended from time to time, and any other federal, state,
<br /> local or other governmental statute,regulation,rule, law or ordinance
<br /> dealing with the protection of human health, safety, natural resources or
<br /> the environment now existing and hereafter enacted; and
<br /> ii. "Hazardous Substance"means any pollutant, contaminant,hazardous
<br /> substance or waste, solid waste,petroleum product, distillate, or fraction,
<br /> radioactive material, chemical known to cause cancer or reproductive
<br /> toxicity,polychlorinated biphenyl or any other chemical, substance or
<br /> material listed or identified in or regulated by any Environmental Law.
<br /> iii. "Claim"or"Claims"means any and all liabilities, suits, claims,
<br /> counterclaims, causes of action, demands,penalties, debts, obligations,
<br /> promises, acts, fines,judgment, damages, consequential damages, losses,
<br /> costs, and expenses of every kind(including without limitation any
<br /> attorney's fees, consultant's fees, costs,remedial action costs, cleanup
<br /> costs and expenses which may be related to any claims).
<br /> 6. WELLS AND INDIVIDUAL SEWAGE TREATMENT SYSTEMS. The Seller
<br /> certifies that the Seller does not know of any wells or individual sewage treahnent
<br /> systems on or serving the Real Property described herein.
<br /> 7. PRORATIONS. Seller and Buyer agree to the following prorations and allocation of
<br /> costs regarding the Real Properiy and this Agreement.
<br /> a. Deed Tax. Buyer shall pay all state deed tax regarding the deed to be delivered
<br /> by Seller under this Agreement.
<br /> b. Real Estate Taxes and Special Assessments.Real estate taxes and any special
<br /> assessments payable in the year 2019 shall be prorated between Seller and Buyer
<br /> to the Closing Date. The Buyer shall pay real estate taxes and any special
<br /> assessments payable therewith in 2019 and thereafter.
<br /> 4
<br />
|