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every kind and nature suffered by or asserted against Buyer as a direct or indirect result of any <br />warranty or representation made by Seller in subsection (e) herein being false or untrue in any <br />material respect, or (ii) any requirement under any law, regulation or ordinance, local, State or <br />federal, which requires the elimination or removal of any hazardous materials, substances, <br />wastes or other environmentally regulated substances existing or placed on the Property at any <br />time up to and including the Closing Date. <br />(4) Should the Phase I disclose the existence on the Property of any hazardous <br />materials, substances, wastes or other environmentally regulated substances (including without <br />limitation, any materials containing asbestos), a condition precedent to Buyer's obligation to <br />close on the sale of the Property is that the following be done at Seller's expense: (1) any such <br />material or substance located on the Property be removed, (2) other found contaminants be <br />removed from the Property, (3) that a copy of a certificate demonstrating removal and clean -up <br />be provided to Orange County, c/o Jeffrey Thompson, Director of Assets Management Services, <br />P.O. Box 8181, Hillsborough, North Carolina 27278, as soon as the certificate is available and <br />(4) that the original of the certificate be provided to Buyer at the closing. <br />(5) Seller's obligations under this Section shall survive the closing and <br />continue in full effect notwithstanding receipt of the purchase price. <br />(h) Representations /Warranties. All representations and warranties contained in this <br />Agreement are true and correct as of the date of execution of this Agreement and will be true as <br />of the Closing Date and shall survive closing and execution and delivery of the Deed and shall <br />not be merged therein. <br />5 <br />10 <br />