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3 . The term "Release" shall mean and refer to any spilling, leaking, <br /> pumping, pouring, emptying, discharging, injecting, escaping, leaching, <br /> dumping or disposing into the environment, including the abandonment or <br /> discarding of barrels, drums, containers, tanks, or other receptacles <br /> containing or previously containing any Hazardous Material. <br /> 4. The term "Seller's Affiliates" shall mean and refer to any (i) spouse, <br /> ancestor, descendant or sibling of Seller; (ii)any corporation in which Seller <br /> is or was an officer, director, or shareholder; (iii) any partnership in which <br /> Seller is or was a partner; (iv) any trust which is or was for the benefit of <br /> Seller or any spouse,ancestor,descendant or sibling of Seller;(v)if Seller is <br /> a par#nership, any partner of Seller; and (vi) if Seller is a corporation, any <br /> officer, director or controlling shareholder of Seller. <br /> 10.3 Representations and Warranties deemed Remade as of Closi�• Certificate. Except <br /> to the extent otherwise set forth on a Certificate delivered�o Buyer as provided in this Section 10.3., <br /> the foregoing representations and warranties shall automatically be deemed to have been remade <br /> by Seller as of the Date of Closing. Seller shall execute and deliver to Buyer at Closing a written <br /> certification to Buyer(i)disclosing,where applicable,the extent to which Seller cannot remake said <br /> representations and warranties as of the Date of Closing,and (ii)containing the representations and <br /> warranties of Seller referenced in Section 10.4.G. below, to the extent Seller can make the same, <br /> and disclosure of the extent to which Seller cannot make the representations and warranties <br /> referenced in Section 10.4.G. below (the "Certificate"). The Certificate shall be executed by an <br /> authorized and incumbent corporate officer of Seller if Seller is a corporation or a general partner if <br /> Seller is a partnership, or Seller, if Seller is an individual, and Seller shall deliver the Certificate to <br /> Buyer at Closing. Upon delivery to Buyer,the Certificate shall be deemed to constitute a part of this <br /> Agreement. Any disclosure on the Certificate shall not affect Buyer's rights under Section 5 or <br /> Section 10.5. <br /> 10.4 Seller covenants and agrees as follows: <br /> A. so long as this Agreement remains in full force and effect, to carry out and <br /> perform all of the terms, covenants and conditions of the Prime Contract on <br /> Seller's part to be performed, including, without limitation, Seller's obligations <br /> upon satisfaction of the conditions precedent thereto to purchase the Shopping <br /> Center Tract; <br /> B. so long as this Agreement remains in full force and effect, Seller shall <br /> enforce all of its rights under the Prime Contract to the extent necessary to <br /> 16 <br /> ::ODMA\PCDOCS\N E WARI(�617546\3 <br /> February 12,2003 <br />