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-and {23}, respectively, of 1`itle 42 U.S:C. Section 9C>Ol; provided, however, that the term <br />"hazardous substance" as used in this Contract steal{ include "hardrdous waste" as defined in <br />Para~~aph {5} of 42 U.S.C. Section fi5-03; <br />k. There are no leases, tenancie;x ar rental agrecyments n:latinl; fio the; Property ar atYy part <br />fhereof'which cannot be terminated bar Seller on or prior to the date of ~losin~; end <br />L Seller is not a foreif~ persory and is a resident of the State. of Colorado. Therc:fc}re, <br />withholding of Fc:cferal income Tax and C;olarado Tnccrme Tax i'rotYt the amount realrz~i wi:tl <br />real be made by Purchaser. At closini;; Seller shall execute and. deliver a C:,ertificatipn prepared <br />in canE'ormance with TRS rel;~ulatians under Section 1445 a#~ the internal Revenue Code and an <br />1~f~irmation prepared. in canfarmance with C°.tt.S. ~ 3~-22-CQ4-5, if requircrl by the title <br />company. <br />17. Seller shall at the time of closing cart%fy in writing tea the P~uchaser that flxe above and <br />foregoing represe~rtations and warranties remain true: and correct as of the date of closing, ar the above- <br />referencecl Seller shall certify which. rc'preseut<ttians and warranties no longer remain true and correct. <br />IN'SPECT1CEN <br />f$. Purchaser shall pr<3mptly p~•ovide to Seiler copies af` the results of all such tests, <br />inspections, and studies obtained regarding tt~e Property fallowing the receipt of same by i'urchase:r. <br />Any inspections conducted by Purchaser shall real mitigate ar othe;rw~ise affect Seller's represcntatians <br />and warranties, as set forth above. <br />1~). Purchaser, at all times during the term of this Contract, shall have; access to the i'roperty <br />'for the purpose afconducting.tests, studies, and surveys thereoct, including tivithout limitation, soil and <br />subsoil tests. Purchaser may have performed at its option andfor expense the following inspections: <br />a. Soil and percolation. tests; <br />b, . inspectie~ns f<ir asbestos, PCI~'s, underground tanks, or other ha~.ardous substances; and <br />~. Any other tests and,%ar studies cieemt;d n~;cessary by Purcha~-r which do not materially <br />damage the Property; including 1~ut rent limited to an envirc~nmc~ntal assesstttent. <br />d, turchaser shall be responsible for alt claims and liability far damages, lass ar expenses <br />caused by, or any injury or death to any person or damage to pmgerty which is connected with <br />or iesufts fic»n the entry upon the Praifetty by Purchaser far the inspections permitted herein, <br />unless caused by the sole negligence ar ~°ittiizl and wanton act of Seller. <br />20. fn addition to all ether rights aaul remedies of the Purohascr and the Sell4~c as set forth <br />and provided for in this Contract, the Seller agrees that the Purchaser-shalt have the right to terminate <br />this Contract and to mako the same of na .further force and effect. <br />a_ if the repre;sentatians and warranties of the Setter as set forth and provided. fdr _in <br />Paragraph t 6 above are not true and eon~~ct as of the date of the clc-sing of this transaction; ar <br />