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regulates or proscribes the use, storage, disposal, presence, cleanup, transportation or Release or
<br />threatened Release into the environment of Hazardous Material.
<br />"Hazardous Material" means any substance which is (i) designated,
<br />defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste,
<br />pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter
<br />amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and
<br />all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives,
<br />(vii) infectious materials or (viii) radioactive materials.
<br />"Release" means any spilling, leaking, pumping, pouring, emitting,
<br />discharging, injecting, escaping, leaching, dumping or disposing into the environment of any
<br />Hazardous Material (including the abandonment or discarding of barrels, containers, and other
<br />receptacles containing any Hazardous Material).
<br />Representations. Except as otherwise disclosed in writing to Buyer, Thirty (30)
<br />days prior to the Effective Date:
<br />To the best of Seller's knowledge, Seller has not received any written
<br />notice of violation issued pursuant to any Environmental Law with respect to the Property or any
<br />use or condition thereof.
<br />To the best of Seller's knowledge, Seller has not used, handled, stored,
<br />transported, released or disposed of any Hazardous Material on, under or from the Property in
<br />violation of any Environmental Law.
<br />To the best of Seller's knowledge there exists no writ, injunction, decree,
<br />order or judgment outstanding, nor any lawsuit, claim, proceeding, citation, directive, summons
<br />or investigation pending or, to Seller's knowledge, threatened pursuant to any Environmental
<br />Law relating to (i) the ownership, occupancy or use of any portion of the Property by Seller or
<br />occupant or user of any portion of the Property, (ii) any alleged violation of any Environmental
<br />Law by Seller or occupant or user of any portion of the Property, or (iii) the suspected presence,
<br />Release or threatened Release of any Hazardous Material on, under, in or from any portion of the
<br />Property.
<br />To the best of Seller's knowledge, no asbestos abatement or remediation
<br />work has been performed on the Property.
<br />To the best of Seller's knowledge, there is no PCB-containing equipment
<br />or PCB-containing material located on or in the Property.
<br />Title to the Property_. Seller has good and marketable title to the Property, subject to the
<br />Conditions of Title. There are no outstanding rights of first refusal or first look, options to
<br />purchase, rights of reverter, or claim of right relating to the transfer or sale of the Property or any
<br />interest therein. To Seller's knowledge, there are no unrecorded or undisclosed documents or
<br />other matters which affect title to the Property. No person holding a security interest in the
<br />Property or any part thereof has the right to consent or deny consent to the sale of the Property as
<br />contemplated herein, and Seller has the right to pay off such person and to remove all such liens
<br />ATTY/AGR/2019.316NMCA MASTER PROJECT AGREEMENT
<br />Page 84 of 108
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