Resolution 6563 Attachment - Laserfiche WebLink

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(b) To Seller's actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement to which Seller is a party. (c) To Seller's actual knowledge, as of the date of Closing there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Seller with respect to the Property prior to the date hereof. (d) To Seller's actual knowledge, there are no underground storage tanks or wells on the Property, it being understood that the representation as to wells shall be recited in the deed to be delivered by Seller at Closing. (e) Seller is not a foreign person as defined in §1445(1) (3) of the Internal Revenue Code or regulations issued thereunder. (f) To Seller's actual knowledge, Seller has not received any written notice of any current action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Seller with respect to the Property. (g) To Seller's knowledge: (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 U.S.C. §6901, et seg.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C. §9601, et S�Mc .), including, without limitation, any asbestos or asbestos- related products or materials and any oils, petroleum -derived compounds or pesticides ("Hazardous Materials") have been generated, treated, stored, released or disposed of or otherwise placed, deposited in or located on the Property; and (ii) the Property is free of Hazardous Materials and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Property. (h) Protected historical sites. [Select either (1) or (2) below:] {1) Seller represents that Seller does not know if there are historical, native American, or archeological materials on or in the Property that might be protected by law. (2) X Seller represents to the best of Seller's knowledge that the Property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Purchaser's obligation to close is contingent upon Purchaser determining to Purchaser's satisfaction that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial 4 181815v6