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and (23), respectively, of Title 42 U.S.C. Section C)6()1; provided, however, il~at the term <br />"hazardous substance" as used in this Contract shall include "hazardous ~~~aste" as defined in <br />Paragraph (5) c~f42 U.S.C. Section 6903; <br />k. There are: no leases, tenancies ar rental agreements t•elating to the Prapet~y ar any pat•t <br />thereat which. canixot be terrninatcd by Seller on ar prior to the date of closing; and <br />1. Seller is not a foreign person and is a resident of the State of Colorado. Therefore, <br />withholding of federal Income Tax and Colorado lncome Tax. From the amount r-ealiud will <br />not be made by Purchaser. At closing, Seller shall execute, acrd deliver a Cer-tificatian prepared <br />in confarn~anee with [RS regulations under SGCti011 14d~ of the Internal Revenue Code ~tnd are <br />Affirmation prepared in conformance with C.R.S. ~ ;cr_?2-G04-5, if required by the title <br />company. <br />17, Seller shall at the time of closing certify in writing; to the Purchaser that tl~e above; and <br />foregoing representations and warranties remain true and correct as of the date a#'claSltlg, ar the above- <br />re#er•enced Seller shall certify which representations and warranties no longer remain true and cat•rs:at. <br />IIVSPICTION <br />1 g. Purchaser shall promptly provide to Seller copies of` the results of all such tests. <br />inspections, and studies obtained regarding the Property fallovvring the receipt of same by PEU-chaser. <br />Any inspections conducted by Purchaser shall not mitigate or otherwise affect Seller's representations <br />and warranties, as set forth above. <br />19, Purchaser, at all times during the term of this Cantt°act, sh.tll have access to the Property <br />l-or the purpose: of conducting tests, studies, and surveys thereon, rI1CIUClIn~ 1MtLllarlt. Illnrtatrtln, sail and <br />subsoil tests. Purchaser may have perfat7ned at its a}3tian and/at• ex.pense the fallowing inspections: <br />a. Sail and percolation tests; <br />1nsl~eetions for asbestos, PCB's, undergrotnid ttlnlcs, or other hazardous substances; and <br />u. Any other tests and/ar studies deemed necessary by Purchaser which da not materially <br />damage the .Property, including but not. [invited to an environmental assessment. <br />d. Purchaser shall be responsible for all elan~s and liability far damages, lass or expGnscs <br />caused by, ar any injury ar death. to any person at• damage to property whielt is connected with <br />~r results #i•orn the entry upon tl~e Property by Purchaser far lie inspections permitted herein,. <br />unless caused by the stile negligence ar willful and wanton act of Seller. <br />20. to addition to all other rights and remedies of the Purchaser and the Seller as set forth <br />and provided for in this Contract,. the Seller agrees that the Purchaser shall have the right to terminate. <br />this Contract and to make the same of na further force artd effect: <br />a. I# the representations and warranties of the Seller as set. forth and provided for in <br />Paragraph 1 ~ above are not true and correct as ofthe date of the closing ofthis transaction; or <br />