familiar with the matters referenced in the representations relating to the applicable portion of the Property.
3.14.1.To Seller’s actual knowledge, Seller has delivered or made available to Buyer true, correct and complete copies of all reports performed by or on behalf of Seller in Seller’s possession which relate to the investigation of the Property for the presence of Hazardous Materials and/or violation of Environmental Laws.
3.14.2.As used herein, “Hazardous Materials” shall mean and include any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities concentration, chemical, or active, flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to a danger or hazard to public health, safety or welfare or to the environment, including, without limitation, any hazardous or toxic waste or substances which are included under or regulated (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time) by Environmental Laws.
3.14.3.As used herein, “Environmental Laws” means and includes all federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, directives, all judicial and administrative ruling, decisions, orders and guidelines which currently are in effect or which may in the future be enacted, adopted, issued, amended or modified, pertaining to the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., as amended (“CERCLA”), the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Toxic Substance Control Act, 15 U.S.C. §2601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. §1802, the Resource Conservation and Recovery Act, 42 U.S.C. §9601, et seq., the Clean Water Act, 33 U.S.C. §1251 et seq., the Safe Drinking Water Act, 42 U.S.C. §300f et seq., the Clean Air Act, 42 U.S.C. §7401 et seq., the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., and similar federal, state and local laws and regulations adopted thereunder.
3A.Limitations Regarding Representations and Warranties.
3A.1.As used in this Agreement, or in any other agreement, document, certificate or instrument delivered by Sellers to Buyer, the phrase “to Seller’s/Sellers’ actual knowledge”, “to the best of Seller’s/Sellers’ actual knowledge” or any similar phrase shall mean the actual, not constructive or imputed, knowledge of the following individuals (each a “Designated Employee”): (i) with respect to representations, warranties and matters relating to One Ravinia and Two Ravinia, Leo H. Daley, in his capacity as Executive Vice President of FSP Property Management LLC, and not individually, and (ii) with respect to representations, warranties and matters relating to Overton, Judith Waugh, in her capacity as Vice President of FSP Property Management LLC, and not individually, and in each case without any obligation on such individual’s part to make any independent investigation of the matters being represented and warranted, or to make any inquiry of any other persons, or to search or examine any files, records, books, correspondence and the like.