RADON, RADIOACTIVE SUBSTANCES, ASBESTOS, UREA
FORMALDEHYDE, AND POLYCHLORINATED BIPHENYLS ("PCBS").
22
(II)
THERE ARE NO ASBESTOS CONTAINING MATERIALS, OR PCB CONTAINING
CAPACITORS, TRANSFORMERS OR OTHER EQUIPMENT ON ANY OF THE PROPERTY.
THERE HAS
BEEN NO RELEASE FROM ANY PCB CONTAINING TRANSFORMER, CAPACITOR OR EQUIPMENT,
OTHER THAN IN COMPLIANCE WITH APPLICABLE ENVIRONMENTAL LAWS.
(III)
EXHIBIT K IDENTIFIES AND WEEKS HAS PROVIDED COPIES OF (A) ALL
ENVIRONMENTAL AUDITS, ASSESSMENTS, OR OCCUPATIONAL HEALTH STUDIES IN THE
POSSESSION OF WEEKS WITH RESPECT TO THE PROPERTY WITHIN THE PAST THREE (3)
YEARS, (B) THE RESULTS OF ANY ASBESTOS MONITORING UNDERTAKEN WITH RESPECT TO THE
PROPERTY, (C) ALL CITATIONS ISSUED WITH RESPECT TO THE WITHIN THE PAST THREE
YEARS UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT (29 U.S.C. SECTIONS 651 ET
SEQ.) AND (D) ALL CLAIMS, LIABILITIES, LITIGATION, NOTICES OF VIOLATION,
ADMINISTRATIVE PROCEEDINGS, WHETHER PENDING OR THREATENED, OR ORDERS ISSUED WITH
RESPECT TO THE BUSINESS WITHIN THE PAST THREE YEARS UNDER APPLICABLE
ENVIRONMENTAL LAWS, INCLUDING, WITHOUT LIMITATION, ASBESTOS CLAIMS OR
LITIGATION.
(IV)
WEEKS WITH RESPECT TO THE PROPERTY HAS BEEN AND IS CURRENTLY IN
COMPLIANCE WITH ALL APPLICABLE ENVIRONMENTAL LAWS, INCLUDING OBTAINING AND
MAINTAINING IN EFFECT ALL PERMITS, LICENSES OR OTHER AUTHORIZATIONS REQUIRED BY
APPLICABLE ENVIRONMENTAL LAWS, AND WEEKS WITH RESPECT TO THE PROPERTY HAS BEEN
AND IS CURRENTLY IN COMPLIANCE WITH ALL SUCH PERMITS, LICENSES AND
AUTHORIZATIONS.
(V)
FOR PURPOSES OF THIS SECTION 8.01(K), "ENVIRONMENTAL LAWS" SHALL
MEAN ANY AND ALL LAWS, STATUTE, CODE, ENACTMENT, ORDINANCE, RULE, REGULATION,
PERMIT, CONSENT, APPROVAL, AUTHORIZATION, JUDGMENT, ORDER, COMMON LAW RULE OR
OTHER REQUIREMENT HAVING THE FORCE AND EFFECT OF LAW, WHETHER LOCAL, STATE,
TERRITORIAL OR NATIONAL, AT ANY TIME IN FORCE OR EFFECT RELATING TO:
(A)
EMISSIONS, DISCHARGES, SPILLS, RELEASES OR THREATENED
23
RELEASES OF HAZARDOUS MATERIALS; (B) THE USE, TREATMENT, STORAGE, DISPOSAL,
HANDLING, MANUFACTURING, TRANSPORTATION OR SHIPMENT OF HAZARDOUS MATERIALS; (C)
THE REGULATION OF STORAGE TANKS; OR (D) OTHERWISE RELATING TO POLLUTION OR THE
PROTECTION OF HUMAN HEALTH, SAFETY OR THE ENVIRONMENT, INCLUDING THE FOLLOWING
STATUTES AS NOW WRITTEN AND AMENDED, AND AS AMENDED HEREAFTER, INCLUDING ANY AND
ALL REGULATIONS PROMULGATED THEREUNDER AND ANY AND ALL STATE AND LOCAL
COUNTERPARTS:
CERCLA, THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. §1251
ET SEQ., THE CLEAN AIR ACT, 42 U.S.C. §7401 ET SEQ., THE TOXIC SUBSTANCES
CONTROL ACT, 15 U.S.C. §2601 ET SEQ., THE SOLID WASTE DISPOSAL ACT, 42 U.S.C.
§6901 ET SEQ., THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986,
42 U.S.C. §11001 ET SEQ., AND THE SAFE DRINKING WATER ACT, 42 U.S.C. §300F ET
SEQ.
8.02
SURVIVAL.
ALL OF WEEKS' REPRESENTATIONS AND WARRANTIES SET FORTH
IN THIS AGREEMENT ARE TRUE AND CORRECT, AND SHALL BE TRUE AND CORRECT AS OF THE
CLOSING DATE; AND FOR A PERIOD OF THREE (3) YEARS AFTER THE CLOSING DATE (EXCEPT
FOR THE MATTERS IN SECTIONS 8.01(D), (E) AND (H) WHICH SHALL CONTINUE FOR FIVE
(5) YEARS AFTER THE CLOSING DATE), GLDD SHALL HAVE THE RIGHT TO RELY UPON THE
ACCURACY OF WEEKS' REPRESENTATIONS AND WARRANTIES.
8.03
CONDITION OF