Document 2R2j45Kv5VaaMrdaLNKX6q5vN

(ii) if a Government Authority has previously accepted measures with respect to a certain environmental matter, measures regarding such matter in excess of or in addition to such previously accepted measures, unless and to the extent a Government Authority subsequently deter mines that additional Remedial Action is required under Environmental Laws as in effect on the Closing Date; (iii) Environmental Laws or remediation standards more stringent than those existing under Environmental Laws as in effect on the Closing Date; (iv) the failure of Buyer or any of its Affil iates to abide by restrictions or covenants set forth in Schedule 8.5(b)(iv) or agreed to by the parties pursuant to Section 8.9(c)(v); (v) the failure of Buyer or any of its Affil iates to use reasonable efforts to mitigate liabilities and costs for which it seeks indemnification under this Article VIII; (vi) repair, replacement or upgrade of equip ment; or building, material, product or equipment decom missioning, decontamination or disposal; unless in any such case such action was required on or prior to the Closing Date by Environmental Laws as in effect on or prior to the Closing Date,- -162-