Soil and groundwater tests—Seller's warranty—No toxic contamination.
Purchaser, at purchaser's sole expense, shall have _________[number] days from the date of this contract within which to secure soil and groundwater tests of the property. Purchaser and any firm or person designated by purchaser shall have the right to enter on the property to secure samples of soil and groundwater and otherwise test the soil and groundwater within the stated period.
Buyer shall indemnify and hold seller harmless from all liability, claims, losses, damages, costs and expenses, including attorney fees, arising out of or resulting from the performance of any such inspection and testing.
Seller expressly warrants that the soil and groundwater of the property are free of toxic waste contamination as of the date of the passage of the legal title to the property from seller to purchaser.
In the event purchaser's experts determine within the stated period that the soil and/or the groundwater of the property is or are not free of toxic waste contamination, and a written analytical report by the experts demonstrates conclusively that such is the case, purchaser may at purchaser's option rescind and terminate this contract, provided written notice of termination and rescission is given to seller on or before _________[date].
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