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9.ENVIRONMENTAL MATTERS
<br />(A)For purposes of this Agreement, the term “Environmental Law(s)” shall
<br />mean any federal, state or local statute, law, ordinance, code, rule, regulation, order or decree
<br />regulating, relating to or imposing liability or standards of conduct concerning any Hazardous
<br />Substance, as now or at any time hereafter in effect. For purposes of this Agreement, the term
<br />“Hazardous Substance(s)” shall have the meaning ascribed in any Environmental Law to any
<br />hazardous, toxic, or dangerous waste, substance, pollutant or material, whether liquid, solid or
<br />gaseous.
<br />(B)Seller, to the best of Seller’s knowledge, is not aware that Seller has violated
<br />any Environmental Laws in connection with the use, ownership, lease, maintenance or operation
<br />of the Property and the conduct of Seller’s operations related thereto.
<br />(C)To the best of Seller’s knowledge, neither Seller nor any other person within
<br />Seller's knowledge and/or control, including any lessees of the Property, has caused or permitted
<br />any Hazardous Substance to be placed, held, located or disposed of on, under or at the Property nor
<br />any part thereof and neither the Property nor any part thereof has ever been used by Seller or by
<br />any other person under contract with Seller as a dump site or unauthorized storage site, whether
<br />permanent or temporary, for any Hazardous Substance.
<br />(D)Seller to the best of Seller’s knowledge and with respect to the Property,
<br />Seller is not a party to any litigation or administrative proceeding, nor, so far as is known by Seller
<br />after reasonable investigation, is any litigation or administrative proceeding threatened against the
<br />Property, which in either case asserts or alleges that: (i) Seller violated any Environmental Law;
<br />(ii) Seller is required to clean up or take other response action due to the release or threatened
<br />release or transportation of any Hazardous Substance; or (iii) Seller is required to pay all or a
<br />portion of the cost of any past, present or future cleanup, removal or remedial or other response
<br />action which arises out of or is related to the release or threatened release or transportation of any
<br />Hazardous Substance.
<br />10.REPRESENTATIONS OF SELLER
<br />On behalf of Seller, Seller’s undersigned representative represents, warrants, and covenants to Buyer
<br />that Seller has or will have prior to its execution all necessary power and authority to enter into and
<br />perform this Agreement, and to carry out and perform its obligations under this Agreement. This
<br />Agreement is, and as of the Closing Date will be, a valid, legal and binding obligation, enforceable
<br />against Seller in accordance with its terms. On the Closing Date, Seller will have all necessary power
<br />and authority to enter into, execute and deliver each of the closing documents required under this
<br />Agreement to be delivered by Seller and to carry out and perform Seller's obligations under this
<br />Agreement and under the terms of the standard closing documents prepared by the Title Company.
<br />Seller represents that it will until the Closing Date comply with all statutory requirements pertinent
<br />to the Property and receive all required approvals to transfer the Property to Buyer on the Closing
<br />Date by the Closing Date. Seller further represents that it has undertaken or will undertake each of
<br />the steps set out in Ind. Code 36-1-11-8.
<br />11.WARRANTIES OF BUYER
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