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Section 1101 et seq.); (xi) the Uranium Mill Tailings Radiation Control Act (42 U.S.C. Section 7901 et
<br />seq.); (xii) the Occupational Safety and Health Act (29 U.S.C. Section 655 et seq.); (xiii) the Federal
<br />Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136 et seq.); (xiv) the Noise Control Act
<br />(42 U.S.C. Section 4901 et seq.); and (xv) the Emergency Planning and Community Right to Know Act
<br />(42 U.S.C. Section 1100 et seq.).
<br />"Hazardous Materials" means each and every element, compound, chemical mixture,
<br />contaminant, pollutant, material, waste or other substance that is defined, determined or identified as
<br />hazardous or toxic under any Environmental Law. Without limiting the generality of the foregoing, the
<br />term shall mean and includes
<br />"Hazardous Substances" as defined in CERCLA, the Superfund Amendments and
<br />Reauthorization Act of 1986, or Title III of the Superfund Amendment and Reauthorization Act,
<br />each as amended, and regulations promulgated thereunder including, but not limited to, asbestos
<br />or any substance containing asbestos, polychlorinated biphenyls, any explosives, radioactive
<br />materials, chemicals known or suspected to cause cancer or reproductive toxicity, pollutants,
<br />effluents, contaminants, emissions, infectious wastes, any petroleum or petroleum-derived waste
<br />or product or related materials and any items defined as hazardous, special or toxic materials,
<br />substances or waste;
<br />"Hazardous Waste" as defined in the Resource Conservation and Recovery Act of 1976, as
<br />amended, and regulations promulgated thereunder;
<br />"Hazardous Materials" are defined in the Hazardous Materials Transportation Act, as amended,.
<br />and regulations promulgated thereunder; and
<br />"Chemical Substance or Mixture" as defined in the Toxic Substances Control Act, as amended,
<br />and regulations promulgated thereunder.
<br />"Governmental Authorities" means the United States, the State of North Carolina and any
<br />political subdivision thereof, and any and all agencies, departments, commissions, boards, bureaus,
<br />bodies, councils, offices, authorities, or instrumentality of any of them, of any nature whatsoever for any
<br />governmental unit (federal, state, county, district, municipal, city or otherwise) whether now or hereafter
<br />in existence.
<br />"Release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br />injecting, storing, escaping, leaching, dumping, discarding, burying, abandoning, or disposing into the
<br />environment.
<br />Seller further agrees to execute any documents as may be required by Buyer at Closing to
<br />evidence the continued effectiveness of the warranties, representations and covenants contained within
<br />this Paragraph 8.
<br />9. POSSESSION. Buyer shall be given sole and exclusive possession of the Property, flee
<br />of the rights of any tenant, licensee or other party in possession, at such time as a general warranty deed
<br />satisfactory to Buyer is delivered by Seller to Buyer conveying the Property in fee simple to Buyer and
<br />Buyer pays to Seller the Purchase Price at Closing.
<br />WCSR 3614883v5
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