|
are necessary for Municipality's operations and activities at the
<br /> Premises;
<br /> (j) there are no facilities located on the Premises that are subject to
<br /> reporting under §312 of the federal Emergency Planning and
<br /> Community Right to Know Act of 1986, or any Environmental
<br /> Laws;
<br /> (k) the Premises does not contain a landfill;
<br /> (1) the Premises is not located within any governmentally recognized
<br /> 100-year flood plain area; and
<br /> (m) the Premises does not have within its boundaries any underground
<br /> mines, caves, or underground streams.
<br /> For purposes of this Agreement, "Environmental Law(s)" means all applicable
<br /> laws, governmental rules and regulations of any federal, state, regional or local
<br /> governmental agency, including, without limitation, all applicable federal, state
<br /> and local laws, rules and regulations pertaining to air and water quality, hazardous
<br /> waste, waste disposal and other environmental matters, including, but not limited
<br /> to, the Clean Air, Federal Water Pollution Control, Solid Waste Disposal,
<br /> Resource Conservation and Recovery, Comprehensive Environmental Response,
<br /> Compensation and Liability, Illinois Environmental Protection and Illinois
<br /> Responsible Property Transfer Acts.
<br /> For purposes of this Agreement, "Hazardous Substance(s)" shall mean any
<br /> substance that is at any time defined or listed in, or otherwise classified pursuant
<br /> to, any applicable laws or regulations, including, without limitation, the
<br /> Environmental Laws, as a "hazardous substance," "hazardous material,"
<br /> "hazardous waste," "infectious waste," "toxic substance," "toxic pollutant" or any
<br /> other formulation intended to define, list or classify substances by reason of
<br /> deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity,
<br /> toxicity, reproductive toxicity or "EP toxicity," including, without limitation,
<br /> asbestos, polychlorinated biphenyls and also including petroleum products, by-
<br /> products and wastes, or by-products associated with the extraction, refining or use
<br /> of petroleum or petroleum products, whether or not so listed or classified in such
<br /> laws or regulations.
<br /> THE AFORESAID WARRANTIES AND ANY OTHER WARRANTIES AND
<br /> REPRESENTATIONS MADE IN THIS AGREEMENT SHALL BE TRUE AND ACCURATE
<br /> AS OF AND SHALL SURVIVE CLOSING AND THE DELIVERY OF THE DEED.
<br /> I. EMINENT DOMAIN; DAMAGE. If prior to Closing (a) all or any part of the
<br /> Premises is condemned or appropriated by public authority or any party
<br /> exercising the right of eminent domain, or is threatened thereby, or (b) access to
<br /> - 9 -
<br />
|