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Substances (hereinafter defined) in, on or under the Butcher's Spur and in
<br />connection therewith City acknowledges and agrees that it is purchasing the
<br />Butcher's Spur "as is" relying solely upon City's own judgment, discretion and
<br />investigation. MT shall have no obligation to furnish or to pay for any
<br />environmental investigation, testing, reports, remediation or other evidence of the
<br />environmental status of the Butcher's Spur. City is aware that the Butcher's Spur
<br />contains certain Hazardous Substances and recognized environmental conditions,
<br />including without limitation, certain petroleum products. City has enrolled the
<br />Butcher's Spur in the Voluntary Investigation and Cleanup program of the
<br />Minnesota Pollution Control Agency ("MPCA") and intends to take all actions
<br />necessary to obtain approval and completion of the City's Voluntary RAP
<br />Activities (as that term is defined below) with respect to the Butcher's Spur, and
<br />ultimately, site closure from the MPCA, all at the City's sole cost, including
<br />without limitation, all investigation and remediation costs. City acknowledges
<br />that it has received a No Association Determination Letter from the MPCA with
<br />respect to the Butcher's Spur.
<br />E. DEFINITIONS.
<br />As used herein, the term "Hazardous Substances" means any product, substance
<br />or waste whose presence, use storage, manufacture, disposal, transportation or
<br />release, either by itself or in combination with other materials (i) is potentially
<br />injurious to the public health, safety or welfare, or the environment, (ii) is
<br />regulated under any Environmental Law or by any government entity, or (iii) is a
<br />basis for liability or potential liability to any governmental agency or third party
<br />under any Environmental Law. Hazardous Substances includes, without
<br />limitation, hazardous wastes, solid wastes, demolition materials, petroleum or
<br />petroleum products or fractions thereof, asbestos and asbestos -containing
<br />materials, polychlorinated biphenyls, toxic molds, pesticides, and other hazardous
<br />or toxic substances, pollutants or contaminants which may pose a threat to human
<br />health or welfare or the environment.
<br />The term "Environmental Law" means all applicable federal, state or local laws,
<br />statutes, common law rulings, ordinances, rules, regulations and agency guidance
<br />documents relating to pollution, protection of the environment or the generation,
<br />manufacture, disposal, treatment, release, use of or exposure to chemical or
<br />hazardous substances, as in effect on the date hereof, including without limitation
<br />the Minnesota Environmental Response and Liability Act, the federal
<br />Comprehensive Environmental Response, Compensation and Liability Act, the
<br />Resource Conservation and Recovery Act, the Clean Water Act, the Toxic
<br />Substances Control Act, the Clean Air Act, and Occupational Safety and Health
<br />Act, all as amended, and regulations promulgated thereunder.
<br />The term "Hazardous Substance Claim" means the discovery of Hazardous
<br />Substances on the Butcher's Spur or receipt of a notice, claim, demand or
<br />complaint from any government agency or office or from any third party for the
<br />payment of damages, costs or expenses for Hazardous Substances investigation,
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