Common use of Environmental Studies; Seller's Right to Terminate Clause in Contracts

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contamination, whereupon the Earnest Money shall be returned to Purchaser, the parties shall have nx xxxxxer obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 4.10 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's ’s reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's ’s actions do not aggravate any pre-existing liability of Seller. In the event that If such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's ’s environmental consultants, exceeds $50,000.00) ("Material Contamination") ), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Initial Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's ’s actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.005,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 aboveSECTION 4.10, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's the parties' environmental consultants, exceeds $50,000.00) ("Material Contamination") 125,000.00), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same promptly upon written request by PurchaserSeller, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 4.10 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as except to the extent Purchaser's actions do not aggravate any pre-existing liability of Seller. In the event that that: (a) such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents Documents, (b) Seller was not the cause of such contamination and that is material had no actual knowledge of such contamination unless disclosed to Purchaser in writing during the Inspection Period (meaning such actual knowledge being based solely on any environmental reports in Seller's possession and/or any written notices of environmental contamination received by Seller, and not being based on any imputed or constructive knowledge), and (c) that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") 100,000.00, then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (Ai) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (Bii) Twenty-Five One Hundred Fifty Thousand and No/100 Dollars ($25,000.00150,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) 30 days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) -day period, then Purchaser shall Exhibit M, List of Existing Loan Documents M-13 be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event Purchaser acknowledges that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty item (30b) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so above shall not subsequently give rise be deemed to expand any claim representation, warranty or cause covenant of action by Purchaser, except as Seller expressly provided for hereinunder this Agreement nor create any representation, warranty or covenant of Seller that is not expressly provided for under this Agreement.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and `all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contamination, whereupon the Earnest Money shall be returned to Purchaser, the parties shall have nx xxxxxer haxx xx xurther obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth truth, accuracy or accuracy completeness of any such studies or reports. Notwithstanding Section 4.11 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") 100,000.00), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Money Earnxxx Xxxey shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for If the transaction contemplated in this Agreementherein does not close, Purchaser must shall provide to Seller, immediately within three Business Days following the receipt of same by Purchasera written request from Seller therefor, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 4.10 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's ’s reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's ’s actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents Information and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's ’s environmental consultants, exceeds $50,000.00) ("Material Contamination") 150,000.00), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days Business Days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 above, Purchaser shall ------------ have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") ), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable Agreement of Purchase and Sale - (1111 Durham Ave., S. Plainfield, NJ) - Page 10 ---------------------------------------------------------------------- supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must may provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's actions do not aggravate any pre-existing preexisting liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") ), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunderhereunder (including a reasonable allowance for in-house expenses), or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's ’s reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's ’s actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's ’s environmental consultants, exceeds $50,000.00) ("Material Contamination") ), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's ’s actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Fifty Thousand and No/100 Dollars ($25,000.0050,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within 4171958.3 13662.94208 thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 4.10 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's ’s reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's ’s actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's ’s environmental consultants, exceeds $50,000.00) ("Material Contamination") 5,000.00), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Exxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 4.10 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's actions do not aggravate any pre-existing liability of SellerSeller (and then only to the extent thereof). In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") ), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (Aa) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (Bb) Twenty-Five One Hundred Thousand and No/100 Dollars ($25,000.00100,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) 30 days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) -day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same promptly upon written request by PurchaserSeller, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 4.10 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as except to the extent Purchaser's actions do not aggravate any pre-existing liability of Seller. In the event that that: (a) such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents Documents, (b) Seller was not the cause of such contamination and that is material had no actual knowledge of such contamination unless disclosed to Purchaser in writing during the Inspection Period (meaning such actual knowledge being based solely on any environmental reports in Seller's possession and/or any written notices of environmental contamination received by Seller, and not being based on any imputed or constructive knowledge), and (c) that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") 100,000.00, then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (Ai) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (Bii) Twenty-Five One Hundred Fifty Thousand and No/100 Dollars ($25,000.00150,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) 30 days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) -day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event Purchaser acknowledges that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty item (30b) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so above shall not subsequently give rise be deemed to expand any claim representation, warranty or cause covenant of action by Purchaser, except as Seller expressly provided for hereinunder this Agreement nor create any representation, warranty or covenant of Seller that is not expressly provided for under this Agreement.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's environmental consultants, exceeds $50,000.00) ("Material Contamination") 100,000.00), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Money (less the Texxxxxxxon Reimbursement, which shall be delivered to Seller) shall be returned to Purchaser, the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.

Environmental Studies; Seller's Right to Terminate. As additional consideration for the transaction contemplated in this Agreement, Purchaser must provide to Seller, immediately following the receipt of same by Purchaser, copies of any and all reports, tests or studies involving contamination of or other environmental concerns relating to the Property; provided, however, Purchaser shall have no obligation to cause any such tests or studies to be performed on the Property. Seller acknowledges that Purchaser has not made and does not make any warranty or representation regarding the truth or accuracy of any such studies or reports. Notwithstanding Section 4.11 4.10 above, Purchaser shall have no liability or culpability of any nature as a result of having provided such information to Seller or as a result of Seller's ’s reliance thereon or arising out of the fact that Purchaser merely conducted such tests or studies, so long as Purchaser's ’s actions do not aggravate any pre-existing liability of Seller. In the event that such reports, tests or studies indicate the existence or reasonable potential existence of any contamination of any portion of the Property that is not disclosed in the Property Documents and that is material (meaning that the reasonably estimated cost of remediation and/or other liability associated therewith, as determined by Seller's ’s environmental consultants, exceeds $50,000.00) ("Material Contamination") 150,000.00), then Seller may terminate this Agreement by giving written notice to Purchaser within ten (10) business days after Purchaser has provided Seller with copies of such reports, tests or studies and Seller has notified Purchaser that such contamination constitutes Material Contaminationstudies, whereupon the Earnest Xxxxxxx Money shall be returned to Purchaser, Purchaser shall be entitled to recover from Seller all costs and expenses, not to exceed $75,000.00 in the aggregate, incurred by Purchaser in connection with its investigation of the Property and review of the Property Information, and the parties shall have nx xxxxxer no further obligations hereunder except for obligations that expressly survive the termination hereof, and Seller shall pay to Purchaser an amount equal to the lesser of (A) Purchaser's actual out-of-pocket expenditures incurred directly in connection with negotiating this Agreement and/or conducting due diligence activities contemplated hereunder, or (B) Twenty-Five Thousand and No/100 Dollars ($25,000.00), provided, however, that Purchaser must make written demand of Seller for such reimbursement and provide Seller reasonable supporting documentation of actual expenditures within thirty (30) days of the termination of this Agreement, and if Purchaser fails to provide such written demand and supporting documentation within such thirty (30) day period, then Purchaser shall be deemed to have forever waived its right to recover any amount from Seller. Notwithstanding the foregoing, in the event that the remediation and/or removal of such Material Contamination by Seller or at Seller's direction can be completed in accordance with all applicable environmental laws within thirty (30) days from the commencement thereof (as determined by Seller's environmental consultants), and Seller elects to complete the remediation, then Purchaser shall have the right (to be exercised at Purchaser's sole discretion) to either terminate this Agreement as provided for herein or extend the Closing Date until the date which is three (3) business days following the date on which: (A) the remediation and/or removal of such Material Contamination has been completed by Seller or at Seller's direction in accordance with all applicable environmental laws, and (B) Seller provides Purchaser with written confirmation (issued by the applicable governmental authority) that such Material Contamination has been remediated and/or removal by Seller in accordance with all applicable environmental laws. In the event Purchaser elects to extend the Closing Date as provided above, Seller shall be responsible for all costs and expenses associated with the removal and/or remediation of such Material Contamination. Nothing in this Section 4.12 shall obligate Seller to undertake any remediation measures whatsoever with respect to the Property, and Seller's election to do so shall not subsequently give rise to any claim or cause of action by Purchaser, except as expressly provided for herein.