Upon the purchase of any Title Portfolio Properties, the Purchaser shall pay Seller the applicable incremental percentage of the Transition Fee.
Upon the purchase of any Environmental Portfolio Properties, the Purchaser shall pay Seller the applicable incremental percentage of the Transition Fee.
In connection with the construction on or operation and use of the Portfolio Properties, the Company represents that, as of the Closing Date, the Company has no knowledge of any material failure to comply with all applicable local, state and federal environmental laws, regulations, ordinances and binding administrative and judicial orders relating to the generation, storage, handling, transport and disposal of any Hazardous Materials (Environmental Laws) that would have a Material Adverse Effect.
Loan Portfolio Properties and Other Properties Owned means those properties owned, leased or operated by a person or its subsidiaries or those properties which serve as collateral for loans owned by a person or its subsidiaries.
In addition, in no event will Seller's liability for all such breaches relating to this Agreement and/or any other Portfolio Sale and Purchase Agreement (including, without limitation, statements made by Seller in any Closing Document) exceed with respect to the Property and the other Portfolio Properties, in the aggregate, the sum of Three Million and No/100 Dollars ($3,000,000.00).