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<br />of title, merchantability, or fitness for a particular purpose or use), (ii) Buyer has not
<br />relied on any written or oral representation or warranty made by Seller, its agents or
<br />employees with respect to the condition or value of the Real Property, (iii) Buyer has had
<br />an adequate opportunity to inspect the condition of the Real Property, including without
<br />limitation, any environmental testing, and to inspect documents applicable thereto, and
<br />Buyer is relying solely on such inspection and testing, and (iv) the condition of the Real
<br />Property is fit for Buyer’s intended use. Buyer agrees to accept all risk of Claims
<br />(including without limitation all Claims under any Environmental Law and all Claims
<br />arising at common law, in equity or under a federal, state or local statute, rule or
<br />regulation) whether past, present or future, existing or contingent, known or unknown,
<br />arising out of, resulting from or relating to the condition of the property, known or
<br />unknown, contemplated or uncontemplated, suspected or unsuspected, including without
<br />limitation, the presence of any Hazardous Substance on the Real 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 />
<br />a. For purposes of this Section, the following terms have the following meanings:
<br />
<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 />
<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 />
<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 />
<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.
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