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between Seller and Buyer, Buyer agrees to accept all risk of Claims (including without
<br /> limitation all Claims under any Environmental Law and all Claims arising at common
<br /> law, in equity or under a federal, state or local statute, rule or regulation)whether past,
<br /> present or future, existing or contingent, known or unknown, arising out of,resulting
<br /> from or relating to the condition of the Real Property,known or unknown, contemplated
<br /> or uncontemplated, suspected or unsuspected, including without limitation,the presence
<br /> of any Hazardous Substance on the Real Property, whether such Hazardous Substance is
<br /> located on or under the Real Property, or has migrated or will migrate from or to the Real
<br /> Property.
<br /> 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 treatment
<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 Property 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.
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