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attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 15. Hazardous Substances and Toxic Waste. Seller represents and warrants that to the best knowledge of Seller no hazardous substance or toxic waste are or have been stored upon the land or used in connection with the land, nor, to its knowledge are any hazardous substances or toxic waste or other pollutants contained upon or under the land or being discharged from the land directly or indirectly into any body of water. Seller knows of no breach of applicable laws or regulations, nor of any underground tank located on or under the property. To Seller's best knowledge, neither Seller nor any of its affiliates have generated, recycled, reused, sold, stored, handled, transported or disposed of any Hazardous Materials on the Property during any period of time Seller has had an interest in the Property. To the best of Seller's knowledge, without making any independent investigation, the Property complies with all applicable local, state, federal environmental laws, regulations, ordinances or administrative or judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Materials. In the event that Buyer discovers the existence of any Hazardous Materials within Thirty (30) days from the Effective Date of this Agreement (hereinafter referred to as "Environmental Due Diligence Period"), the Buyer shall, within seven (7) days following such discovery, notify the Seller in writing ("Hazardous Materials Notice")of the existence of any Hazardous Materials Upon receipt of such notice from the Buyer, the Seller agrees to remediate the identifiable Hazardous Materials issue; provided however, that Seller shall have no obligation to spend more than One Percent (1%) of the Purchase Price to cure any Hazardous Materials defects. In the event that Seller is unable to satisfactorily remediate the Property to provide Buyer with a site that is satisfactory to Buyer and to permit Buyer to close on the Property, Buyer shall have the unilateral right to notify Seller and to terminate this Agreement. In the event the costs to remediate the Hazardous Materials exceed 1% of the Purchase Price, and if Buyer does not elect to exercise their unilateral right to terminate this Agreement, then any additional costs to remediate the Hazardous Materials shall be the sole responsibility of the Buyer. 8 of 14 112371632.2