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(3) of the Internal Revenue Code of 1986, as amended (the "Code") (all references to Section <br />or the Code include any successor provisions thereto and any Treasury Regulations <br />promulgated in connection thereto) and Buyer has no knowledge or notice that such Certificate <br />or Statement is false; or <br />(B) At or prior to Closing, Buyer received a withholding certificate described in <br />Temp. Treas. Reg. Section 1.1445-3T or Rev. Proc. 85-41. <br />Buyer agrees that any amount deducted and withheld pursuant to this Section shall be remitted <br />to the Internal Revenue Service in accordance with Section 1445 of the Code and the Regulations <br />thereunder. <br />4.15. Environmental Status. Seller warrants and represents to Buyer that, to Seller's <br />knowledge, (i) the Property is free of all hazardous waste or substances except as may be permitted by <br />applicable law; (ii) that the Property has been operated and maintained in compliance with all <br />applicable environmental laws, statutes, ordinances, rules and regulations; (iii) no other release of any <br />hazardous waste or substances has taken place on the Property, (iv) no migration of hazardous waste <br />or substances has taken place from the Property which would cause the release of any hazardous waste <br />or substance on any adjoining lands or any other lands in the vicinity of the Property; and (v) there are <br />no bulk or underground tanks on or in the Property, and, no bulk or underground storage tanks have <br />ever been located on or in the Property. <br />The term hazardous waste or substances shall include those substances included within the <br />definitions of "hazardous substances", "hazardous materials", "toxic substances", or "solid waste" in <br />CERCLA, RCRA, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., <br />and in the regulations promulgated pursuant to said laws or any replacement thereof; such other <br />substances, materials and wastes which are or become regulated under applicable local, state or <br />federal law, or which are classified as hazardous or toxic under federal, state, or local laws or <br />regulations. <br />Seller has no notice or knowledge of the on-site existence of any "Endangered and Threatened <br />Species," flora and fauna as identified by the U.S. Fish and Wildlife Service's "List of Endangered and <br />Threatened Wildlife and Plants" as may be amended from time to time. Seller further warrants no <br />knowledge of the on-site existence of any upland conservation areas which are preserved, or may be <br />preserved, for the purposes of providing of wildlife habitat. <br />The provisions of this Section 4.16 shall survive the Closing or earlier termination of this <br />Contract. <br />4.16. Right of Inspection. During the term of this Contract, Buyer, its agents, employees <br />and representatives, may have access to the Property and the records of the Property (including those <br />on file with any governmental agency) at all reasonable times subsequent to the Effective Date of this <br />Contract with the right, at Buyer's expense, to inspect the Property and to conduct all tests and borings <br />thereon as Buyer, its licensed engineers, surveyors and the like shall deem reasonably necessary or <br />desirable to fulfill the tests and investigations contemplated by the Contract. Any entry on or to the <br />Property by Buyer or its authorized representatives pursuant to the provisions hereof shall be at the <br />