Kimberly Clark Worldwide Inc 12/28/2005

AND UNDER THE PROPERTY AND THAT THE PARTIES HERETO WILL COOPERATE IN THE CONDUCT OF SUCH AN INVESTIGATION IN ACCORDANCE WITH THE MOU. ACCORDINGLY, PURCHASER WILL NOT RELY ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER EXCEPT AS PROVIDED IN THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CLOSING AND SHALL NOT MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENT. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS SECTION WERE A MATERIAL FACTOR IN DETERMINING THE PURCHASE PRICE. B. Any and all information related to the Property and provided to Purchaser by Seller (without implying any obligation to deliver such information, however) ("Information"), shall be delivered as an accommodation to Purchaser only,without any representation or warranty as to the completeness or accuracy of the data or other information contained therein, and all such Information is furnished to Purchaser solely as a courtesy, and Seller has neither verified the accuracy of any statements or other information therein contained,the method used to compile such Information nor the qualifications of the persons preparing such Information. The Information includes that certain February 1998 Phase I Environmental Site Assessment prepared by Adirondack Environmental Services, and those two (2) certain ESA Update Reports prepared for Kimberly-Clark by InteGreyted Consultants dated September 2000 and July 14, 2003, and an update of such reports, , which will be delivered to Purchaser during December 2005 and as to which the parties will share the costs therefor equally. The Information is provided on an AS-IS-WHERE-IS BASIS, AND PURCHASER EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF SELLER HEREIN, SELLER MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY,OR FITNESS FORA PARTICULAR PURPOSE AS TO THE INFORMATION. Notwithstanding this limitation on Information, Seller represents that any Information provided in the creation of the Phase I environmental report was provided in good faith, and Seller reasonably believed that Information within its control and knowledge is true. Seller does not represent the accuracy,truthfulness, adequacy, and comprehensiveness of Information it provided for the Phase I that was not within its control and knowledge, such as verbal or other reports from third parties about the Property, including,without limitation, historic uses of the Property. If this Purchase and Sale does not close, Purchaser shall return to Seller that certain February 1998 Phase I Environmental Site Assessment prepared by Adirondack Environmental Services,and those two(2) certain ESA Update Reports prepared for Kimberly-Clark by InteGreyted Consultants dated September 2000 and July 14, 2003, and an update of such reports, including the report referred to in Section 4(B)(1)(d) above. C. Seller hereby discloses to Purchaser that Seller is aware that certain portions of the Property have been used to store certain equipment and a diesel tank is located and in use on the Property. Without limitation to the disclaimer provisions of this Section 5 above, and subject to the environmental disclosures and indemnification provided in Section 7, Seller makes no warranty or representation as to the effect of such matters on the environmental or other condition of the Property and Purchaser shall take the Property subject to the existence of the same and any and all obligations and liabilities associated therewith. D. Notwithstanding anything herein to the contrary,all of the terms and provisions of this Section 5 shall survive the Closing and shall not merge into the Deed. -6 -