Coach 2013 Annual Report Download - page 504

(iii) Except as expressly set forth in Section 13(i), Optionor makes no warranty with respect to the presence of Hazardous Materials (as
hereinafter defined) in, on, above or beneath the Premises. Optionee’s closing hereunder shall be deemed to constitute an express waiver of Optionee’s right to
cause Optionor to be joined in any action brought under any Environmental Laws (as hereinafter defined). As used herein, the term “ Hazardous Materials”
means (a) those substances included within the definitions of any one or more of the terms “hazardous materials,” “hazardous wastes,” “hazardous
substances,” “industrial wastes,” and “toxic pollutants,” as such terms are defined under the Environmental Laws, or any of them, (b) petroleum and
petroleum products, including, without limitation, crude oil and any fractions thereof, (c) natural gas, synthetic gas and any mixtures thereof, (d) asbestos
and or any material which contains any hydrated mineral silicate, including, without limitation, chrysotile, amosite, crocidolite, tremolite, anthophylite and/or
actinolite, whether friable or non-friable (collectively, “Asbestos”), (e) polychlorinated biphenyl (“PCBs”) or PCB-containing materials or fluids, (vi) radon,
(f) any other hazardous or radioactive substance, material, pollutant, contaminant or waste, and (g) any other substance with respect to which any
Environmental Law or governmental authority requires environmental investigation, monitoring or remediation. As used herein, the term “ Environmental
Laws” means all federal, state and local laws, statutes, ordinances and regulations, now or hereafter in effect, in each case as amended or supplemented from
time to time, including, without limitation, all applicable judicial or administrative orders, applicable consent decrees and binding judgments relating to the
regulation and protection of human health, safety, the environment and natural resources (including, without limitation, ambient air, surface, water,
groundwater, wetlands, land surface or subsurface strata, wildlife, aquatic species and vegetation), including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §§ 9601 et seq.), the Hazardous Material Transportation Act, as
amended (49 U.S.C. §§ 1801 et seq.), the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. §§ 136 et seq.), the Resource
Conservation and Recovery Act, as amended (42 U.S. §§ 6901 et seq.), the Toxic Substance Control Act, as amended (15 U.S.C. §§ 2601 et seq.), the
Clean Air Act, as amended (42 U.S.C. §§ 7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §§ 1251 et seq.), the Occupational
Safety and Health Act, as amended (29 U.S.C. §§ 651 et seq.), the Safe Drinking Water Act, as amended (42 U.S.C. §§ 300f et seq.), Environmental
Protection Agency regulations pertaining to Asbestos (including, without limitation, 40 C.F.R. Part 61, Subpart M, the United States Environmental Protection
Agency Guidelines on Mold Remediation in Schools and Commercial Buildings, the United States Occupational Safety and Health Administration regulations
pertaining to Asbestos including, without limitation, 29 C.F.R. Sections 1910.1001 and 1926.58), applicable New York State and New York City statutes
and the rules and regulations promulgated pursuant thereto regulating the storage, use and disposal of Hazardous Materials, the New York City Department of
Health Guidelines on Assessment and Remediation of Fungi in Indoor Environments and any state or local counterpart or equivalent of any of the foregoing,
and any related federal, state or local transfer of ownership notification or approval statutes. Optionee, for itself and its agents, affiliates, successors and
assigns, hereby releases and forever discharges Optionor, and its agents, affiliates, successors and assigns from any and all rights, claims and demands at
law or in equity, whether known or unknown at the time of the Agreement, which Optionee has or may have in the future, arising out of the physical,
environmental, economic or legal condition of the Premises, including, without limitation, any claim for indemnification or contribution arising under any
Environmental Law.
14. Condemnation.
(i) If, prior to the Purchase Closing Date, any part of the Premises is taken (other than a temporary taking), or if Optionor shall
receive an official notice from any governmental authority having eminent domain power over the Premises of its intention to take, by eminent domain
proceeding, any part of the Premises (a “Taking”), then:
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