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disposal or remedial action pursuant to Environmental Laws relative to the
<br />Butcher's Spur and relating to Hazardous Substances present in, on or about the
<br />Butcher's Spur as of the Date of Closing. The term "Hazardous Substance Claim"
<br />specifically excludes any subrogation, cost recovery, or similar claim brought by a
<br />governmental agency to recover any grant funds advanced to investigate or
<br />remediate the Butcher's Spur pursuant to Minn. Stat. § 116J.557 or similar
<br />recovery statute.
<br />The term "City's Voluntary RAP Activities" means those activities undertaken by
<br />the City pursuant to the following plans as approved by the MPCA, and any
<br />amendments to such plans as may be approved by the MPCA (all, "Remedial
<br />Action Plans"): Phase Il Summary Report and Response Action Plan, Planned
<br />Residential Redevelopment, Western Portion of the Northwest Quadrant, New
<br />Brighton, Minnesota. April 2005; Updated Phase II Summary Report and Response
<br />Action Plan Addendum, Planned Residential Development, Western Portion of the
<br />Northwest Quadrant, New Brighton, Minnesota. November 2006.; Development
<br />Response Action Plan, Old Highway 8 Reconstruction, New Brighton, Minnesota.
<br />February 2007; Amendment to Development Response Action Plan, Old Highway 8
<br />Reconstruction, NW Quadrant Redevelopment Area, New Brighton, Minnesota.
<br />July 23, 2007; Response Action Plan Addendum, Former Midwest Asphalt Property,
<br />Western Portion of the Northwest Quadrant, New Brighton, Minnesota. September
<br />2007; Response Action Plan, Eastern Portion of the Northwest Quadrant, New
<br />Brighton, Minnesota. February 2008. The City's Voluntary RAP Activities do not
<br />include activities undertaken for the removal of buried oil refinery infrastructure or
<br />remediation of contamination related thereto, unless the Remedial Action Plans are
<br />amended in the future to include such activities and such activities are located on the
<br />Butcher's Spur.
<br />F. "AS IS" SALE. Each of the parties acknowledges and agrees that the Exchange
<br />Property and Butcher's Spur are being sold in an "as -is," "where -is" condition and
<br />with all faults without warranty or representation of any kind, express or implied,
<br />as to the condition, suitability, or desirability of the real property or improvements
<br />thereon, subject however, to the respective rights of the parties to terminate this
<br />Agreement pursuant to the terms of paragraphs 3, 4 and 5 hereof. MT
<br />acknowledges that Minnesota Commercial Railway (Minnesota Commercial)
<br />entered the Exchange Property pursuant to the Right of Entry. MT will be
<br />responsible for negotiating with Minnesota Commercial the terms under which
<br />Minnesota Commercial may use the Exchange Property after Closing. Each party
<br />acknowledges that it is relying solely upon its right to enter the Exchange Property
<br />or Butcher's Spur, as applicable, and conduct such observations, tests, and
<br />investigations as it deems reasonably appropriate in connection with the property,
<br />and hereby releases the other parry, and the released party's respective officers,
<br />employees or agents, from any responsibility or liability in respect of the present
<br />condition, suitability, or desirability of the property being purchased, including
<br />without limitation, responsibility or liability with respect to Hazardous
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