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this Agreement as against any other party to this Agreement, arising out of the presence of any <br />environmental contamination (i.e. the presence of hazardous materials or substances that are <br />regulated as such under any federal, state or local laws based on their capacity tO materially and <br />adversely effect human health or the environment) in or under the Property, are tolled for the <br />period of August 1, 2003 to and including September 30, 2003 (hereinafter "Tolling Period"), <br />subject to the right of any party to terminate this Agreement pursuant to section three (3) herein. <br /> <br /> 2. Calculating the Statute of Limitations. The Tolling Period shall be excluded in <br /> <br />any calculation of time in determining the application of any statutes of limitations, claim of <br />laches, or other provision of statute, case law, rule or regulation otherwise limiting a party's right <br />to preserve and prosecute its causes of action, counterclaims or remedies against any other party. <br />Nothing in this Agreement shall be construed as reviving any right, claim, cause of action, <br />counterclaim or remedy which was barred, in whole or in part, as of the date of this Agreement. <br /> <br /> 3. Termination. Any party to this Agreement may terminate this Agreement prior to <br /> <br />the expiration of the Tolling Period set forth in section one (1) by giving sixty (60) days notice, <br />in writing, to the other party. <br /> <br /> 4. Modification. Prior to the expiration of the Tolling Period, the parties may extend <br /> <br />this Tolling Period by executing a written renewal thereof. Any other modifications to this <br />Agreement shall be made in writing and signed by the parties to this Agreement. Modifications <br />to the addresses in section seven (7) may be made by simply mailing a notice indicating the <br />changes to be made to the addresses to all parties. <br /> <br /> 5. Waiver. Nothing in this Agreement shall be deemed to be (a) an admission or <br /> <br />concession of liability or responsibility by any party hereto, or (b) an admission or concession as <br />to the truth of any fact recited herein or the merits of any claim, counterclaim contention or <br /> <br /> 2 1042664.1 <br /> <br /> <br />