|
- i'
<br /> Donee aoknowledges that Donee and its environmental consultant have (1)conducted
<br /> tests of the soil and groundwater, (2) reviewed enviromneintal reports relating to the Property,
<br /> and(3)reviewed documentation relating.to the past uses of the property. Donee acknowledges
<br /> that it is entering into this Agreement oil the basis of Donee's own investigation of the physical.
<br /> and environmental conditions of the property, including surface and subsurface conditions,and
<br /> Donee assumes the risk that other adverse physical and environmental conditions, including the
<br /> existence of subsurface stn aures, may not have been revealed by its own investigation and/or
<br /> the investigation,of others. Except for the express representations and warranties Donor has
<br /> stated in this agreement,Donee has relied on its own inspection and other information available
<br /> to Donee,
<br /> 10, Donee's Acce #ante Df Pra a "As-Ys": Donee acknowledges and agrees that the
<br /> Property is to be transferred'lto, and accepted by Donee, in an"AS IS"condition with all faults
<br /> } related to the past ownership,uses, and operatioazs which have affected and'resulted in the
<br /> current environmental condition of the Property. Donee acknowledges that it has: (1) had full
<br /> access to and has reviewed all of the environmental reports and other documentation xeIating to
<br /> the past uses and activities at the Property and the environmental testing and remediation that has
<br /> taken place at the property provided by Donor and identified in Exhibit A, attached and
<br /> incorporated; (2) independently conducted its own soil and groundwater testing at the Property
<br /> to the extent deemed necessary; and(3) extensive knowledge of operative governmental laws
<br /> and regulations including, lana not limited to, environmental Laws and regulations to which the
<br /> property is or may be subject;and(4), had access to other documents which are public records,
<br /> and Donee accepts the Property solely upon the basis of its review and investigation and
<br /> determination of the applicability and eMcVof any and all environmental I&yvs and regulations.
<br /> Donee, through its own review of reports and investigation, acknowledges that the
<br /> Property has and/or may gave;been used,for a variety of industrial and business purposes in the
<br /> past including,but not limited.to: (1)the servicing and repair and detailing of automobiles; arid
<br /> (2) automobile storage, (3) dry clew-iug operations,and(4)plating operations, and that such uses
<br /> involved the use of solvents,metals, gasoline,motor oil, and other petroleum=based products wind
<br /> other potentially hazardous substances and pollutants and cobtamivants. In addition, Donee
<br /> acknowledges that in the past;;seven underground,storage tanks,for
<br /> gasoIine, nil and other
<br /> Petroleum-based products and hsolvents were.located on the Property. Donee acknowledges that
<br /> removal of such underground storage tanks,has been undertaken by Donor. Donee
<br /> acknowledges the current existence of other-undergrounds
<br /> on the property,including,
<br /> but not-limited to,oil/water separator and clarifier, Donee acknowledges that as a result of the
<br /> uses, operations and conditions zeferred to in this paragraph, the'soil and groundwater were and
<br /> continue to be contaminated. Other than the express representations contained in this
<br /> Agreement,Donee acknowledges that it is not acting on nor relying on any representations.of .
<br /> Donor, its agents or employees,k if any such.representationsolid!
<br /> or warranties were in fact made.
<br /> Donor shall,prior to close of escrow, appropriately containerize, label,remove and
<br /> d.lspose of any and all barrels ar other containers,or other accumizlatYons of drill ctattings, fluids,.
<br /> ! and/or other products of the taiak removal and/or environmental remediation and/or assessment
<br /> conducted on the Property.
<br /> t
<br /> Page 3
<br /> 1
<br />
|