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<br /> (j) there are no facilities located on the Premises that are subject to
<br /> reporting under §312 of the federal Emergency Planning and Community
<br /> Right to Know Act of 1986, or any Envirorunental Laws;
<br /> (k) the Premises does not contain a landfill; and �
<br /> (1) the Premises is not located within any governmentally recognized 100-
<br /> year flood plain area; and
<br /> (m) the Premises does not have within its boundaries any underground
<br /> mines, caves, or underground steams.
<br /> For purposes of this Agreement, "Environmental Law(s)" means all applicable laws,
<br /> governmental rules and regulations of any federal, state, regional or local governmental
<br /> agency, including, without limitation, all applicable federal, state and local laws, rules
<br /> and regulations pertaining to air and water qualiry, hazardous waste, waste disposal and
<br /> other environmental matters, including, but not limited to, the Clean Air, Federal Water
<br /> Pollution Control, Solid Waste Disposal, Resource Conservation and Recovery,
<br /> Comprehensive Environmental Response, Compensa�ion and Liability, Illinois
<br /> Environmental Protection and Illinois 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 to, any
<br /> applicable laws or regulations, including, without limitation, the Environmental Laws, as �
<br /> a "hazardous substance," "hazardous material," "hazardous waste," "infectious waste," �I
<br /> "toxic substance," "toxic pollutant" or any other formulation intended to define, list or '
<br /> classify substances by reason of deleterious properties such as ignitability, corrosivity,
<br /> reactiviry, carcinogenicity, toxicity, reproductive toxicity or "EP toxicity," including, I
<br /> without limitation, asbestos, polychlorinated biphenyls and also including petroleum
<br /> products, by-products and wastes, or by-products associated with the extraction, refining
<br /> or use 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 REPRESENTATIONS
<br /> MADE IN THIS AGREEMENT SHALL BE TRUE AND ACCURATE AS OF AND S�IALL
<br /> SURVIVE CLOSING.
<br /> I. EMINENT DOMAIN; DAMAGE. lf prior to Closing (a) all or any part of the Premises
<br /> is condemned or appropriated by public authority or any party exercising the right of
<br /> eminent domain, or is threatened thereby, or(b) access to the Premises is reduced ar
<br /> restricted by condemnation or appropriation by public authority or any party exercising
<br /> the right of eminent domain, or is threatened thereby, or(c)if the improvements on the
<br /> Premises are destroyed or materially damaged by fire, windstorm, explosion or other
<br /> casualty, Developer may terminate this Agreement and in such event of termination,
<br /> Municipality shall return the Earnest Money Deposit to Developer and the parties shall be
<br /> released from fw-ther liabiliry under this Agree�nent.
<br /> RDLLC 20060926 vl g
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