D. Purchaser acknowledges that prior to the Effective Date, Seller has delivered to Purchaser an electronic version of reports listed on Exhibit D attached hereto (Sellers Environmental Reports). To Sellers knowledge, except as may be disclosed in Sellers Environmental Reports (including the addenda thereto), (i) there are no Hazardous Materials, other than in connection with building maintenance activities and building maintenance substances, and materials used in the ordinary course of the Tenants business operations in compliance with applicable Environmental Laws as defined in this Article 5D, located on, in, or under the Property; (ii) there has not been a Release, as defined below in this paragraph D, of any Hazardous Material in, on or under the Property; (iii) the Property has not been used for the use, storage, generation, manufacture, treatment, transportation, handling or disposal of any Hazardous Material, other than in connection with building maintenance activities and building maintenance substances and materials used in the ordinary course of the Tenants business operations in compliance with applicable Environmental Laws (as defined in this Article 5D); (iv) there are no underground storage tanks or solid waste disposal areas (as defined in C.G.S. § 22a-207(6), as amended) on the Property; and (v) the Property is in compliance with all Environmental Laws, including but not limited to any and all applicable compliance or permitting obligations. The term Hazardous Materials shall mean and refer to the following: petroleum products and fractions thereof, asbestos, asbestos containing materials, urea formaldehyde, polychlorinated biphenyls, radioactive materials, and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials, substances and wastes listed or identified in, regulated by, and/or arising out of any Environmental Law. The term Environmental Laws shall mean and refer to the following: all federal, state, county, municipal, and local statutes, laws, ordinances and regulations which relate to or deal with human health or the environment (as all may be amended from time to time), including but not limited to the Connecticut Transfer Act, Conn. Gen. Stat. § 22a-134 et seq. (as amended) (the Transfer Act) and the Connecticut Remediation Standard Regulations, R.C.S.A. §§ 22a-133k1-3 inclusive (as amended) (the RSRs). The term Release shall have the meaning set forth in Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA).
E. There is no agreement to which Seller is a party or that is binding on Seller that is in conflict with this Agreement nor are there any outstanding options to purchase or rights of first offer or first refusal which affect the Property. There is no action or proceeding pending or, to Sellers knowledge, threatened against Seller or relating to the Property that challenges or impairs Sellers ability to execute or perform its obligations under this Agreement or that might detrimentally affect the value or the use or operation of the Property.
F. Except as expressly set forth in Sellers Environmental Reports, to Sellers knowledge, Seller has not received from any governmental authority any notice of any violation of laws applicable to the Property or any part thereof.
G. Seller shall retain and be responsible for all claims, liabilities and/or obligations related to the presence of any Hazardous Materials at, on, under, or from the Property, whether known or unknown, disclosed or undisclosed, in existence or in any way arising from or in connection with pre-Closing conditions or occurrences, including, without limitation, anything described or contained within Sellers Environmental Reports, and any and all claims, liabilities, and/or obligations in connection with or arising out of Environmental Laws.
H. Except for the Lease on or prior to the date hereof (Terminated Lease) between Seller and Neeltran, Inc. (the Tenant), there are no leases, subleases, tenancies or other rights of use or occupancy with respect to the Property.