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<br />(k) Seller has no actual knowledge of the release or presence of Hazardous
<br />Materials on, in, from or onto the Real Property.
<br />(l) To the best of Seller’s knowledge, no underground tanks used for the
<br />storage of any Hazardous Materials (including without limitation fuel oil) are present or were at
<br />any time present on the Property).
<br />All of the representations and warranties of Seller contained herein shall survive the Closing Date.
<br />Matters warranted to Seller’s knowledge, the best of Seller's knowledge, or the like, refer to
<br />matters actually known by Charlotte E. Walker or matters she has received written notice of in
<br />the last three years.
<br />“Hazardous Materials” means any waste, pollutant, contaminant, chemical, petroleum product,
<br />pesticide, fertilizer, substance, or material that is defined, classified, or designated as hazardous,
<br />toxic, radioactive, dangerous, or other comparable term or category under any Environmental
<br />Laws (as defined below), including, but not limited to, gasoline, oil or any byproducts or fractions
<br />thereof, polychlorinated biphenyls, per- and polyfluoroalkyl substances, asbestos, paints,
<br />solvents, lead, cyanide, radioactive material, or any other materials which have adverse effects
<br />on the environment or the health and safety of persons.
<br />“Environmental Laws” means all federal, state, and local laws, statutes, rules, regulations,
<br />ordinances, and codes, and any judicial or administrative interpretation thereof or requirement
<br />thereunder, now or hereafter in effect, relating, to the regulation or protection of human health,
<br />safety, the environment and natural resources, including without limitation, the Comprehensive
<br />Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.), the
<br />Hazardous Substances Transportation Act (49 U.S.C. §§ 5101 et seq.), the Clean Air Act (42 U.S.C.
<br />§§ 7401 et seq.), the Clean Water Act (33 U.S.C. §§ 1251 et seq.), the Solid Waste Disposal Act
<br />(42 U.S.C. §§ 6901 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et
<br />seq.), the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), the Emergency Planning and
<br />Community Right-To-Know Act (42 U.S.C. §§ 11001 et seq.), and any similar or comparable state
<br />or local laws, including without limitation, the Model Toxics Control Act (Chapter 70A.030 RCW,
<br />formerly codified at Chapter 70.105D RCW) and the Hazardous Waste Management Act (Chapter
<br />70A.029 RCW, formerly codified at Chapter 70.105 RCW).
<br />11. CASUALTY LOSS/EMINENT DOMAIN. Risk of physical loss to the Property shall be
<br />borne by Seller prior to the Closing Date and by Buyer thereafter. Seller shall immediately give
<br />notice to Buyer: (i) after the occurrence of any event causing material damage to the Property or
<br />any portion of the Property or (ii) after the receipt by Seller of any notice of eminent domain
<br />proceedings with respect to the Property or any portion of the Property. Buyer may, by delivery
<br />of written termination notice within ten (10) business days after receipt of such notice from
<br />Seller, terminate this Agreement, in which case the Deposit shall be refunded to Buyer.
<br />12. DEFAULT AND REMEDIES.
<br />(a) Default by Seller. If Seller breaches or otherwise fails to perform any of its
<br />obligations under this Agreement, then Buyer will be entitled (i) to receive specific performance,
<br />provided that any such action must be commenced within ninety (90) days after the Closing Date
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