Laserfiche WebLink
Section 6. Purchaser's Inspection. <br /> A. Purchaser has been given an opportunity to inspect the Property and review the <br /> Phase I Environmental Site Assessment prepared by Delta Environmental Consultants, dated <br /> December 2005. <br /> B. Any and all activities which have been conducted by Purchaser in connection with its <br /> foregoing inspection have been conducted in accordance with applicable environmental health, <br /> safety or other applicable laws, rules or regulations. All such activities have been conducted in such <br /> a fashion so as to minimize interference with the use of the Property. Purchaser shall promptly <br /> repair any damage to the Property as a result of any such inspections and shall restore the Property <br /> to its condition which existed prior to such inspections if Purchaser does not close on the purchase <br /> of the Property. , <br /> Section 7. Environmental Provisions. <br /> A. As used in this Agreement, the term "Hazardous Substances" shall mean any <br /> hazardous, toxic or dangerous substance, waste or material which is or becomes regulated under <br /> any federal, state or local statute, ordinance, rule, regulation, or other law now or hereafter in effect <br /> pertaining to environmental protection, contamination or clean-up, including without limitation, <br /> petroleum, crude oil or any fraction or distillate thereof, or asbestos or PCBs. The term shall <br /> include, but is not limited to, all hazardous substances, hazardous materials and hazardous wastes <br /> listed by the U.S. Environmental Protection Agency in the State of Washington under the <br /> Comprehensive Environmental Response,Compensation and Liability Act(CERCLA),the Resource <br /> Conservation and Recovery Act (RCRA), the Toxics Substances Control Act(TSCA), the Federal <br /> Water Pollution Control Act (FWPCA), the Washington State Model Toxics Contract Act (MTCA) <br /> and comparable state statutes and regulations. <br /> B. As indicated above in Section 5(B), Seller has provided to Purchaser that certain <br /> February 1998 Phase I Environmental Site Assessment prepared by Adirondack Environmental <br /> Services, and those two (2)certain ESA Update Reports prepared for Kimberly-Clark by InteGreyted <br /> Consultants dated September 2000 and July 14, 2003, and an update of such reports, ,which will <br /> be delivered to Purchaser during December 2005 and as to which the parties will share the costs <br /> therefore on a 50/50 basis. The Purchaser acknowledges that various substances used on the <br /> Property, or otherwise located on the Property, may now or in the future be determined to be <br /> Hazardous Substances and may need to be specially treated, handled and/or removed from the <br /> Property and that persons or entities who had or have an interest in the Property may be required to <br /> undertake the clean-up or remediation of such Hazardous Substances. <br /> C. The parties will execute an environmental Memorandum of Understanding("MOU"), <br /> in the form attached as Exhibit G. The MOU is incorporated herein by reference. <br /> D. With respect to environmental matters, the MOU will control in the event of any <br /> conflict or ambiguity between (i) the body of this Agreement of Purchase and Sale and Exhibits A <br /> through F and (ii) the MOU. <br /> - 7 - <br />