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9.6 To the best of Seller's knowledge, the Property is in compliance in <br /> all material respects with all applicable zoning, land-use and building regulations. <br /> 9.7 To the best of Seller's knowledge, there is no litigation pending or <br /> threatened against Seller with respect to the Property. <br /> 9.8 Seller has received no written notice of any attachments, execution <br /> proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, <br /> reorganization or other proceedings pending or threatened against Seller, nor are any <br /> contemplated by Seller. <br /> 9.9 Seller has no actual knowledge of the release or presence of <br /> Hazardous Materials on, in, from or onto the Real Property. <br /> 9.10 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 <br /> were at any time present on the Property. <br /> A "Hazardous Material" is any hazardous or toxic substance, material or waste, <br /> including, but not limited to, (i) those substances, materials and wastes listed in the United <br /> States Department of Transportation Hazardous Materials Table (49 C.F.R. 172.101) or <br /> by the United States Environmental Protection Agency as a hazardous substance (40 <br /> C.F.R. Part 302 and amendments thereto), (ii) petroleum products and their derivatives, <br /> and (iii) such other substances, materials and wastes as become regulated or subject to <br /> cleanup under any local, state or federal laws or regulations. <br /> 10. Casualty Loss/Eminent Domain. Seller shall immediately give notice to <br /> Buyer: (a) after the occurrence of any event causing material damage to the Property or <br /> any portion of the Property or (b) after the receipt by Seller of any notice of eminent <br /> domain proceedings with respect to the Property or any portion of the Property. Buyer <br /> may, by delivery of written termination notice within ten (10) business days after receipt <br /> of such notice from Seller, terminate this Agreement, in which case the Deposit shall be <br /> refunded to Buyer. <br /> 11. Default. <br /> 11.1 Default by Seller. If Seller breaches or otherwise fails to perform <br /> any of its obligations under this Agreement, then Buyer will be entitled (a) to receive <br /> specific performance, in addition to all other remedies available at law and at equity; or <br /> (b) to terminate this Agreement by written notice and to receive refund of the entire <br /> Deposit. <br /> 11.2 Default by Buyer. <br /> IN THE EVENT THE BUYER FAILS, WITHOUT LEGAL <br /> EXCUSE, TO COMPLETE THE PURCHASE OF THE <br /> PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO <br /> 7 <br />