SEQ; THE ATOMIC ENERGY ACT, 42 U.S.C.
SECTION 22011 ET SEQ; AND THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 42 U.S.C.
SECTION 1801 ET SEQ; (B) ALL SUBSTANCES WITH RESPECT TO WHICH ANY STATE, LOCAL,
TERRITORIAL OR FEDERAL GOVERNMENTAL AUTHORITY OTHERWISE REQUIRES ENVIRONMENTAL
INVESTIGATION, MONITORING, REPORTING, OR REMEDIATION; (C) PETROLEUM AND
PETROLEUM PRODUCTS AND BY PRODUCTS INCLUDING CRUDE OIL AND ANY FRACTIONS
THEREOF; (D) NATURAL GAS, SYNTHETIC GAS, AND ANY MIXTURES THEREOF; AND (E)
RADON, RADIOACTIVE SUBSTANCES, ASBESTOS, UREA FORMALDEHYDE, AND POLYCHLORINATED
BIPHENYLS ("PCBS").
(II)
EXCEPT AS DISCLOSED ON EXHIBIT P, 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 P IDENTIFIES AND THE SELLER HAS PROVIDED COPIES OF (A)
ALL ENVIRONMENTAL AUDITS, ASSESSMENTS, OR OCCUPATIONAL HEALTH STUDIES IN THE
POSSESSION OF SELLER 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
22
WITH RESPECT TO THE BUSINESS WITHIN THE PAST THREE YEARS UNDER APPLICABLE
ENVIRONMENTAL LAWS, INCLUDING, WITHOUT LIMITATION, ASBESTOS CLAIMS OR
LITIGATION.
(IV)
TO THE BEST OF SELLER'S KNOWLEDGE, SELLER 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
SELLER 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 7.01(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 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