"Escrow Agent" is defined in Section 11 hereof.
"Escrow Instructions" is defined in Section 4 hereof.
"Exceptions" is defined in Section 6(a)(i) hereof.
"Grant Deed" is defined in Section 12(a)(i) hereof.
"Hazardous Substances" includes without limitation:
(a) Those substances included within the definitions of "hazardous
substance," "hazardous waste," "hazardous material," "toxic substance," "solid
waste," or "pollutant
or contaminant" in the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 ("CERCLA") [42 U.S.C.A. §§9601 et seq.]; the Resource
Conservation and Recovery Act of 1976 ("RCRA") [42 U.S.C.A. §§6901 et seq.]; the
Clean Water Act, also known as the Federal Water Pollution Control Act ("FWPCA")
[33 U.S.C.A. §§1251 et seq.]; the Toxic Substances Control Act ("TSCA") [15
U.S.C.A. §§2601 et seq.]; the Hazardous Materials Transportation Act ("HMTA")
[49 U.S.C.A. §§1801 et seq.] or under any other Environmental Law;
(b) Those substances listed in the United States Department of
Transportation (DOT) Table [49 C.F.R. §172.101], or by the Environmental
Protection Agency (EPA), or any successor agency, as hazardous substances [40
C.F.R. Part 302];
(c) Other substances, materials, and wastes which are or become regulated
or classified as hazardous or toxic under federal, state, or local laws or
regulations; and
(d) Any material, waste, or substance which is (i) a petroleum or refined
petroleum product, (ii) asbestos, (iii) polychlorinated biphenyl,
(iv) designated as a hazardous substance pursuant to 33 U.S.C.A. §1321 or listed
pursuant to 33 U.S.C.A. §1317, (v) a flammable explosive, or (vi) a radioactive
material.
"Improvements" is defined in Recital A.
"Lender" is defined in Section 6(a)(ii) hereof.
"Lender's Policy" is defined in Section 6(a)(iv) hereof.
"Loan" is defined in Section 6(a)(ii) hereof.
"Loan Commitment" is defined in Section 6(a)(ii) hereof.
"Loan Documents" is defined in Section 6(a)(iii) hereof.
"Loan Shortfall" shall mean the sum of Two Million Eight Hundred Fifty
Thousand Dollars and No Cents ($2,850,000.00), which is the difference between
the Purchase Price less the aggregate of (i) the Deposit; and (ii) the maximum
Loan sum of $9,250,000.00 which is set out in Section 6(a)(ii) hereof.
"Non-Foreign Affidavit" is defined in Section 6(a)(xii) hereof.
"Operating Statement" is defined in Section 6(a)(xi) hereof.
"Owner's Policy" is defined in Section 6(a)(iv) hereof.
"Personal Property" is defined in Section 6(a)(x) hereof.
"Preliminary Report" is defined in Section 6(a)(i) hereof.
"Property" is defined in Recital A.
"Property Documents" is defined in Section 6(a)(vi) hereof.
"Purchase Price" is defined in Section 3 hereof.
"Purchaser" is defined in the preamble.
"Purchaser's Certificate" is defined in Section 12(b)(iii) hereof.
"Purchaser's Termination Notice" is defined in Section 6(b)(ii) hereof.
"Real Property" is defined in Recital A.
"Rent Roll" is defined in Section 6(a)(viii) hereof.
"Seller" is defined in the preamble.
"Seller's Certificate" is defined in Section 12(a)(xii) hereof.
"Survey" is defined in Section 6(a)(vii) hereof.
"Tenant Leases" is defined in Section 6(a)(ix) hereof.
"Tenants" is defined in Section 10 hereof.
"Title Company" is defined in Section 6(a)(i) hereof.
"Title Policies" is defined in Section 6(a)(iv) hereof.
"Warranty Bill of Sale" is defined in Section 6(a)(x) hereof.