Subsequent Owners. Buyer and Seller understand and agree that this Addendum shall not be recorded in the official real property records of Middlesex County, New Jersey. If Buyer sells, transfers, conveys, or leases the Facility to any person or entity, Buyer shall disclose the right of access set out in this Section 7 to the purchaser, transferee or lessee and obtain the same right of access to the Facility from such purchaser, transferee or lessee to Seller’s benefit. If Buyer sells the Facility to a purchaser or transferee without obtaining the same right of access to the Facility for Seller as set forth in this Section 7.h., then (i) Seller shall have no further responsibility to Buyer with regard to Seller’s indemnity obligations under this Addendum, including any that Seller may be actively addressing by performing Seller’s Environmental Remediation, (ii) Seller’s indemnity obligations under this Addendum shall expire and terminate, and (iii) Buyer thereafter shall release, indemnify and hold harmless Seller and its affiliates and their directors, officers, shareholders, employees, successors and assigns from and against Seller’s indemnity obligations under this Addendum, including the costs of ongoing Corrective Action, demands, orders or actions required by applicable government agencies.
Appears in 2 contracts
Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (Buckeye Partners, L.P.)