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<br /> 7. Buyer shall be entitled to possession of the premises at settlement.
<br /> 8. If either Buyer or Seller bring an action against the other with respect to this contract,
<br /> the prevailing party shall be entitled to recover its reasonable attorney fees, costs and expenses.
<br /> 9. Until settlement, Seller shall retain the right to remove whatever portions of the
<br /> buildings located on the premises, and any personalty located therein, which Seller may deem
<br /> salvageable; provided that, Seller shall leave the buildings in a safe condition and secured from
<br /> entry.
<br /> 10. A. To the best of Seller's actual knowledge, during its ownership of the real estate
<br /> described herein ("premises"), (i) no Hazardous Materials (as defined below) have been located
<br /> by the Seller in or on the premises or have been released by the Seller into the environment, or
<br /> discharged, placed or disposed of by the Seller at, on, or under the premises; and to the best of
<br /> the Seller's knowledge, no Hazardous Materials have been so located, released or discharged,
<br /> placed or disposed of by any party other than Seller; (ii) to the best of the Seller's knowledge, no
<br /> underground storage tanks are or have been located in or on the premises; (iii) to the best of
<br /> Seller's knowledge, the premises have not been used as a dump for waste material; (iv)to the best
<br /> of Seller's knowledge, the premises and its uses comply with, and at all times have complied
<br /> with, any applicable governmental law, regulation or requirement relating to environmental and
<br /> Hazardous Materials. Further, prior to the Seller's ownership of the premises, to the best of the
<br /> Seller's knowledge, no events described in subparagraphs (i), (ii), (iii) or (iv) have occurred or '
<br /> have been caused by any other entity. The term "Hazardous Materials" shall mean any substance,
<br /> material, water, gas or particulate matter which is regulated by any local governmental authority,
<br /> the State of Illinois, or the United States Government, as an environmental pollutant or danger to ''
<br /> public health, public welfare or the natural environment(including, without limitation, protection ',
<br /> of non-human forms of life, land, water, groundwater and air) including but not limited to any �
<br /> material or substance which is (a) defined as "toxic", "polluting", "hazardous waste", "hazardous
<br /> material", "hazardous substances", "extremely hazardous waste", or "restricted hazardous waste"
<br /> under any provision of local, Illinois or federal law; (b) petroleum; (c) asbestos; (d)
<br /> polychlorinated biphelos ("PCBs"); (e) radioactive material; (� designated as a "hazardous
<br /> substance" pursuant to the Clean Water Act, (33 §1321); (g) defined as a "hazardous waste"
<br /> pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C.
<br /> §6903); (h) defined as a "hazardous substance" pursuant to the Comprehensive Environmental
<br /> Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601); (i)
<br /> defined as a chemical substance under the Toxic Substances Control Act, 15 U.S.C. §2601 et
<br /> seq.; or (j) defined as a pesticide under the Federal Insecticide, Fungicide and Rodenticide Act, 7
<br /> U.S.C. §135 et seq. The term "to the best of Seller's actual knowledge" shall mean the actual
<br /> knowledge of Randall D. Waks without any requirement of investigation. Seller and Buyer
<br /> acknowledge that Seller has not undertaken any environmental investigation of the Premises.
<br /> Except as set forth herein and as to title pursuant to Paragraph 5 herein, Buyer is purchasing the
<br /> Premises "AS IS" without warranty.
<br /> B. Buyer may order an environmental report to be conducted by an environmental
<br /> engineering firm selected by Buyer (the "Environmental Study"). Seller shall cooperate with the
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