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LJ <br />(c) Seller has not used or installed any underground tank, or, to the best of Seller's <br />knowledge, except in compliance with all applicable laws, used, generated, <br />manufactured, treated, stored, placed, deposited or disposed of on, under or about the <br />Property or transported to or from the Property any flammable explosives, radioactive <br />materials, hazardous wastes, toxic substances or related materials ("Hazardous <br />Materials", which for purposes of this Purchase and Sale Agreement shall include, but <br />shall not be limited to, substances defined as "hazardous substances, hazardous materials <br />or toxic substances" in the Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980, as amended, 42 USC Section 9601., et seq.; the Hazardous <br />Materials Transportation Act, 49 USC Section I80i, et seg.; the Resource Conservation <br />and Recovery Act, 42 USC Section 6901, ct seq.; those substances defined as "hazardous <br />wastes or hazardous materials" in Massachusetts General Laws, Chapters 21 C and 21 E; <br />and in regulations adopted and publications promulgated pursuant to each of the aforesaid <br />laws. The Buyer shall engage the services of a recognized engineering company to test <br />the premises for the presence of any such hazardous materials and /or contamination <br />pursuant to the terms of this paragraph and shall pay up to S., I for said testing. <br />Should the so called 21 E report indicate that secondary testing or clean up is required, the <br />Seller agrees to be solely responsible for said testing and the expenses relating to the <br />clean up of the premises in compliance with said federal, state and municipal law, but in <br />no event shall the Seller be required to pay more than Should remediation <br />exceed the sum of . the Seller may terminate said agreement, without <br />recourse, unless the parties mutually aeree to share said costs. The Buyer shall not be <br />required to expend more than, for 21E testing. Should said testing cost more <br />that! . , the Buyer, at his sole option, may terminate this agreement, without <br />further recourse. <br />(d) Seller shall within fifteen (1.5) days of execution of the purchase and Sales Agreement <br />deliver to the Buyer any information in its possession regarding Topographic and <br />Boundary Surveys, Building Plans, Utility capabilities, Lease and Environmental reports <br />of the premises. <br />(e} The Seller and Buyer agree that the terms of this offer, the acceptance of this offer and <br />any other information disclosed to it which is pertinent to this proposal confidential <br />except for any information it discloses to its attorneys and accountants as it relates to the <br />consumaticn of this transaction. <br />(f) The Seller and Buyer agree to cooperate with each other in the Seller or ,Buyer's efforts to <br />effectuate an exchange of properties in accordance with Section 1031 of the Internal <br />Revenue Code, and to execute and deliver any and all documents which Buyer or Seller <br />may reasonably require relating thereto, provided that there is no expense or obligation to <br />the cooperating party. <br />This Section 35 shall survive the delivery of the deed. <br />36. Seller shall deliver to the Buyer the following documents at closing (the "Closing I3ocumen&s : <br />a Beed and funds for documentary stamps and usual and customary recording costs <br />chargeable to Seller. <br />b. All items necessary to convey title as provided for in this Purchase and Sale Agreeml�e�ntt, (� <br />4 - ` " <br />�.14. <br />aST991328933-2.665432AM i <br />