Chapter 6 - FORM 6M • PURCHASE AGREEMENT CLAUSES — ALTERNATIVE FORMS OF SELLER'S REPRESENTATIONS

• Jurisdiction: Colorado

FORM 6M • PURCHASE AGREEMENT CLAUSES — ALTERNATIVE FORMS OF SELLER'S REPRESENTATIONS

Seller's Representations and Warranties: Other than the environmental conditions disclosed to Buyer pursuant to this agreement, there are no environmental conditions on or under the property of which seller has actual knowledge that seller believes in good faith would result in a governmental enforcement or cleanup action.

- OR -

(for use when contamination is not suspected)

Seller's Representations: To the best of seller's knowledge: (a) the premises have never been used as a landfill or waste dump; (b) there has been no installation in, or production, disposal or storage on, the premises of any hazardous waste or other toxic substances, including, without limitation, asbestos, by any tenant or any previous owner or previous tenant or any other activity which could have toxic results; and (c) there is no proceeding or inquiry by any governmental authority or agency with respect to the premises.

- OR -

Seller's Representations and Warranties: To the best of seller's knowledge, neither the property nor any activity on the property is in violation of any federal, state, or local law or regulation relating to environmental conditions on, under, or about the property, including, but not limited to the Solid Waste Disposal Act, 42 U.S.C. §§ 6901, et seq, the Clean Water Act, 33 U.S.C. §§ 1251, et seq., and the Clean Air Act, 42 U.S.C. §§ 7401, et seq. Neither seller nor, to the best of seller's knowledge, any third party has used, generated, manufactured, refined, produced, processed, stored, leaked, spilled or disposed of on or under the property or transported to or from the property any Hazardous Materials. For the purposes of this agreement, "Hazardous Materials" means any substances defined as or included in the definition of "hazardous substances" in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601, et seq, or included in the definition of "controlled substances" in 21 U.S.C. § 802, and petroleum, including crude oil or any fraction of crude oil. To the best of seller's knowledge, there are no underground storage tanks situated at the property, there are no asbestos-containing building materials on the property or in the improvements, no lead-based paint has been applied to the property or the improvements, and there is no PCB-containing equipment on the property.

- OR -

Seller's Representations: Purchaser must...