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1.3 LIMTTATIONS
<br /> Property conditions, as well as local, state, tribal and federal regulations can change
<br /> significantly over time. Therefore, the recommendations and conclusions presented as a result
<br /> of this study apply strictly to the environmental regulations and property conditions existing at
<br /> the time the study was performed. Available information has been analyzed using currently
<br /> accepted assessment techniques and it is believed that the inferences made are reasonably
<br /> representative of the property. AEI Consultants makes no warranty, expressed or implied,
<br /> except that the services have been performed in accordance with generally accepted
<br /> environmental property assessment practices applicable at the time and location of the study.
<br /> Considerations identified by ASTM as beyond the scope of a Phase I ESA that may affect
<br /> business environmental risk at a given property include the following: asbestos-containing
<br /> materials, radon, lead-based paint, lead in drinking water, wetlands, regulatory compliance,
<br /> cultural and historic resources, industrial hygiene, health and safety, ecological resources,
<br /> endangered species, indoor air quality, mold, vapor intrusion, and high voltage lines. These
<br /> environmental issues or conditions may warrant assessment based on the type of the property
<br /> transaction; however, they are considered non-scope issues under ASTM Standard Practice
<br /> E1527-05.
<br /> If requested by the client, these non-scope issues are discussed in Section 7.2. Otherwise, the
<br /> purpose of this assessment is solely to satisfy one of the requirements for qualification of the
<br /> innocent landowner defense, contiguous property owner or bona fide prospective purchaser
<br /> under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
<br /> ASTM Standard Practice E1527-05 and the EPA Standards and Practices for All Appropriate
<br /> Inquiries (40 CFR Part 312) constitute the "all appropriate inquiry into the previous ownership
<br /> and uses of the property consistent with good commercial or customary practice" as defined in:
<br /> 1) 42 U.S.0 § 9601(35)(B), referenced in the ASTM Standard Practice E1527-05.
<br /> 2) Sections 101(35)(B) (ii) and (iii) of CERCLA and referenced in the EPA Standards
<br /> and Practices for All Appropriate Inquiries (40 CFR Part 312).
<br /> 3) 42 U.S.C. 9601(40) and 42 U.S.C. 9607(q).
<br /> The Phase I Environmental Site Assessment is not, and should not be construed as, a warranty
<br /> or guarantee about the presence or absence of environmental contaminants that may affect the
<br /> property. Neither is the assessment intended to assure clear title to the property in question.
<br /> The sole purpose of assessment into property title records is to ascertain a historical basis of
<br /> prior land use. All findings, conclusions, and recommendations stated in this report are based
<br /> upon facts, circumstances, and industry-accepted procedures for such services as they existed
<br /> at the time this report was prepared (i.e., federal, state, and local laws, rules, regulations,
<br /> market conditions, economic conditions, political climate, and other applicable matters). All
<br /> findings, conclusions, and recommendations stated in this report are based on the data and
<br /> information provided, and observations and conditions that existed on the date and time of the
<br /> property visit.
<br /> Responses received from local, state, or federal agencies or other secondary sources of
<br /> information after the issuance of this report may change certain facts, findings, conclusions, or
<br /> circumstances to the report. A change in any fact, circumstance, or industry-accepted
<br /> Project No. 297376 AE1
<br /> June 22, 2011
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