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10 <br />nature of any hazardous materials, substances, wastes or other environmentally regulated <br />substances (including without limitation, any materials containing asbestos), in or under the <br />Property or use in connection therewith. <br />(3) Seller shall indemnify and hold Buyer harmless from and against (i) any <br />and all damages, penalties, fines, claims, liens, suits, liabilities, costs (including clean-up <br />costs), ,judgments and expenses (including attorneys', consultant s' or experts' fees and <br />expenses) of every kind and nature suffered by or asserted against Buyer as a direct or indirect <br />result of any warranty or representation made by Seller in subsection (e) herein being false or <br />untrue in any material respect, or (ii) any requirement under any law, regulation or ordinance, <br />local, State or federal, which requires the elimination or removal of any hazardous materials, <br />substances, wastes or other environmentally regulated substances existing or placed on the <br />Property at any time up to and including the Closing Date. <br />(4) Should the Phase I disclose the existence on the Property of any <br />hazardous materials, substances, wastes or other environmentally regulated substances <br />(including without limitation, any materials containing asbestos), a condition precedent to <br />Buyer's obli gation to close on the sale of the Property is that the following be done at <br />Seller's expense: (1) any such material or substance located on the Property be removed, (2) <br />other found contaminants be removed from the Property, (3) that a copy of a certificate <br />demonstrating removal and clean-up be provided to Orange County, c/o Pamela Jones, <br />Director of Purchasing and Central Services, 132 E. King Street, Hillsborough, North <br />Carolina 27278, as soon as the certificate is available and (4) that the original of the certificate <br />be provided to Buyer at the closing. <br />