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shows any exceptions not previously shown on the title commitment for the Property, then the
<br />Purchaser shall have the right to object to any such additional exception. If the Purchaser does so
<br />object to such additional exception, then the Seller shall either (a) cure or remove the additional
<br />exception prior to Closing or (b) notify the Purchaser that the Seller is unable or unwilling to cure
<br />or remove the exception. If the Seller notifies the Purchaser that the Seller is unwilling or unable
<br />to remove such additional exceptions, or if the Seller otherwise fails to cure such additional
<br />exceptions prior to the Closing, then the Purchaser may either terminate this Agreement or waive
<br />the title objection and proceed with the Closing on the purchase of the Property.
<br />8. Property Condition; Environmental Conditions. Within 720 days following the
<br />date of this Agreement, Seller shall deliver to Purchaser such of the following as are in the
<br />possession of Seller related to the Property: environmental and EPA reports, wetlands reports,
<br />existing building drawings, site improvement drawings and utility tie in locations. The Seller
<br />makes no representation, covenant or warranty whatsoever, express or implied, regarding: (i) the
<br />Property, including, without limitation, the Property's compliance with the requirements of any
<br />law, rule, specification or contract pertaining thereto; (ii) any reports, drawings, documents or
<br />other information provided by the Seller related to the Property; (iii) the applicable zoning
<br />requirements; (iv) the propriety of any proposed uses or the continuation of uses thereof, former
<br />or present; (v) the title thereto and the condition thereof; (vi) the legal description of the Property
<br />and the boundary lines; or (vii) the physical or sub -surface condition thereof. Subject to and except
<br />as provided in Paragraph 4, Purchaser acknowledges that the Purchaser is purchasing the Property
<br />"AS IS" '`WHERE, IS" AND "WITH ALL FAULTS" and that the Seller shall not be responsible
<br />for the condition of the Property, either surface or sub -surface, nor shall the Seller be responsible
<br />for any injury or damage arising from the physical or sub -surface condition of the Property. Seller
<br />acknowledges, however, that the Purchaser's Due Diligence and inspection reports pursuant to
<br />Paragraph 4 constitute a condition precedent and afford Purchaser a right to cancel.
<br />To the best of Seller's knowledge, the Property is not in violation of any Environmental
<br />Law (as defined below) and Seller has no knowledge of (i) the presence on or about the Property
<br />of any Hazardous Materials (as defined below); (ii) any release or threatened release of any
<br />Hazardous Materials on or affecting the Property; or (iii) the existence of any underground storage
<br />tanks on or about the Property. Seller has received no notice of any investigation or proceeding
<br />by any governmental agency concerning the presence or alleged presence, release or threatened
<br />release of Hazardous Materials on the Property. The term "Environmental Law" includes any
<br />federal, state or local law, ordinance or regulation pertaining to health, industrial hygiene, waste
<br />disposal, or the environment, including, without limitation: the federal Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, the federal Superfund
<br />Amendments and Reauthorization Act of 1986, the federal Resource Conservation and Recovery
<br />Act of 1976, the federal Clean Air Act, the federal Water Pollution Control Act and federal Clean
<br />Air Act of 1977, the federal Insecticide, Fungicide and Rodenticide Act, the federal Pesticide Act
<br />of 1977, the federal Toxic Substances Control Act, the federal Safe Drinking Water Act, the federal
<br />Hazardous Materials Transportation Act, and any amendments thereto and regulations adopted and
<br />publications promulgated pursuant thereto. The term "Hazardous Materials" includes oil and
<br />petroleum products, asbestos, polychlorinated biphenyl, radon and urea formaldehyde, and any
<br />other materials classified as hazardous or toxic or as pollutants or contaminants under any
<br />Environmental Law. If Seller has received or at any time does receive notice, knowledge or
<br />information as to the presence, alleged presence, release or threatened release of Hazardous
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