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Shopping Center Tract. In addition, Seller has disclosed to Buyer all land <br /> use controls imposed on the Shopping Center Tract in connection with <br /> environmental concerns,and Seller has disclosed to Buyer all real estate tax <br /> benefits and/or rebates accruing in connection with the environmental <br /> condition of the Shopping Center Tract. <br /> 8. There are not now and were not at any time during which Seller or <br /> Seller's Affiliates had any interest in the Shopping Center Tract, nor to the <br /> best of Seller's knowledge, have there ever been, any above-ground or <br /> underground storage tanks located in, on or under the Shopping Center <br /> Tract, except as disclosed in the Report. <br /> 9. To the best of Seller's knowledge, storage tanks removed from the <br /> Shopping Center Tract before Seller or Seller's Affiliates had any interest in <br /> the Shopping Center Tract, and all contaminated soil in connection with said <br /> tanks, if any, were removed in accordance with applicable Environmental <br /> Laws. <br /> 10. To the best of Seller's knowledge, storage tanks removed from the <br /> Shopping Center Tract at a time durin which Seller or Seller's Affiliates had <br /> any interest in the Shopping Center Tract, and all contaminated soil in <br /> connection with said tanks, if any, were removed in accordance with <br /> applicable Environmental Laws. <br /> 11. Any storage tanks disclosed in the Report as being located above or <br /> under the Shopping Center Tract have been properly registered with all <br /> appropriate regulatory and governmental bodies and are otherwise in <br /> compliance with applicable federal, state and local statutes, regulations, <br /> ordinances and other regulatory requirements, and Seller has delivered to <br /> Buyer copies of all such tank registrations, quantity (or volume) <br /> reconciliation records, tightness test results and cathodic protection test <br /> results within Seller's possession or control. <br /> B. For purposes of this Agreement: <br /> 1. The term "Hazardous Materiafs" shall mean and refer to the <br /> following: petroleum products and fractions thereof, asbestos, asbestos '' <br /> containing materials, urea formaldehyde, polychlorinated biphenyls, <br /> radioactive materials and all other dangerous,toxic or hazardous pollutants, <br /> contaminants, chemicals, materials, substances and wastes listed or <br /> , identified in, or regulated by, any Environmental Law. <br /> 2. The term"Environmental Laws"shall mean and refer to the following: <br /> all federal, state, county, municipal, local and other statutes, laws, <br /> ordinances and regulations which relate to or deal with human health or the <br /> environment, all as may be amended form time to time. <br /> 15 <br /> ::ODMA\PCDOCS\N EWARK�617546\3 <br /> February 12,2003 <br />