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not limited to, solvents and petroleum-based products including gasoline and oil, <br />} <br /> i.e., the contaminated physical condition of the Property; and <br /> d. any actions under or pursuant to any federal, state and/or local laws or regulations <br /> relating in any'way to the contaminated physical condition of the Property and/or <br /> to environmental matters. <br /> This indemnification is not intended to and shall not be interpreted to include any of the <br /> following ("Exclusions"): <br /> aa. Any claim for bodily injury or human condition or ailment; <br /> bb: Any claim related to any contract to which the Auto Investment Parties or the <br /> Chase Parties are a party, except as expressly provided herein; <br /> cc. Any actionuinre'lated to the contaminated or allegedly.contaminated condition of <br /> the Property. <br /> Buyer's obligation to Indemnify the Auto Investment Parties and Chase Chevrolet Parties <br /> includes, without limitation;:costs and expenses incurred for or in�connection with any <br /> investigation, cleanup, remediation, monitoring, removal, restoration, or closure work required <br /> by any governmental agency or third party because of the presence of any type of.environt`ental <br /> contamination present on, undef; or about the Property; the costs and expenses of restoring,the <br /> Property; all sums paid in settlement of claims or court awards; all attorney fees;.litigation,' <br /> arbitration,and administrative proceedings costs; and expert; consultant, and laboratory fees. <br /> Buyer and SelIer:shallmutually agree.as to the choice of counsel to.represent Seller in any action <br /> invoking Buyer's obligation to Ifndemnify Seller. Seller and`all Auto Investment Parties and/or all <br /> Chase Chevrolet�Parties.shall,upon Buyer's reasonable request,,cooperate,fuliy in presenting a <br /> defense to any such action,including producing documents and submitting to other forms of <br /> discovery, and participating as required in any alternative dispute.resolution process.and trial. <br /> 16. -SelIeir s Assignment Df Its.Riights Pursuant To The Underground Storake.Tank <br /> Cleanup Fund-To Buyer: Seller hereby assigns all of its rights and interests pursuant to the <br /> Underground Storage Tank Cleanup Fund ("USTCF") to Buyer. It is the intent and purpose of <br /> Seller and Buyer to ensure that this entire Agreement and particularly this.assignment provision <br /> be in accordance with the applicable laws and regulations.relating o.the USTCF. Following the <br /> execution of this Agreement and prior to the close of escrow, Buyer and Seller shall submit this <br /> Agreement to the USTCF for approval of the assignment. The USTCF's approval of the <br /> assignment to Buyer is a condition precedent to the close of escrow, Following the approval of <br /> this assignment by the USTCF to the Buyer and the close of escrow, Buyer shall be responsible <br /> for any and all costs and expenses incurred in the assessment and remediation of the Property <br /> whether or not such costs and expenses are reimbursed or reimbursable by the USTCF. Seller <br /> remains responsible-for any costs incurred prior to close of escrow whether reimbursed or <br /> reimbursable by USTCF. <br /> Buyer acknowledges that:Seller has made no representations or warranties as to whether <br /> or not any expenses that maybe incurred by Buyer after the close of escrow may be reimbursed <br /> Page 7 <br />