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07-20-2015 Planning Commission Packet
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07-20-2015 Planning Commission Packet
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(b) To SelIers' actuaZ la�owledge, the conveyance of the Property pursuant hereto will <br /> not violate any applicable statute, ordinance, governmental restriction or <br /> regulation, or any private restriction or agreement to which Sellers are a party. <br /> (c} To Seliers' actual knowledge, as of the date of Closing tliere will be no <br /> outstanding or unpaid claims, actions or causes of action related to any transaction <br /> or obligation entered into or incurred by Sellers with respect to the Property prior <br /> to the date hereof. <br /> (d) To Sellers' actual knowledge, there aze no underground storage tanks or wells on <br /> the Property, it being understood that the representation as to wells shall be <br /> recited in the deed to be delivered by the Sellers at Closing. <br /> (e) Sellers are not foreign persons as defined in §1445{fl (3) of the Internal Revenue <br /> Code or regulat�ons issued thereunder. <br /> (fl To Sellers' actual knowledge, Sellers have not received any written notice of any <br /> cuzrent action, litigation, investigation, condemnation or other proceedings of any <br /> kind pending or threatened against Sellers with respect to the Property. <br /> (g) To Sellers' knowledge: (i) no toxic materials, hazardous wastes or hazardous <br /> substances, as such terms are de$ned in the Resource Conservation and Recovery <br /> Act of 1996, as amended (42 U.S.C. §69Q1, et se�.) or in the Comprehensive <br /> Environmental Response Compensation and Liability Act of 198Q as amended <br /> (42 U.S.C. §9601, et s�.), including, without limitation, any asbestos or asbestos- <br /> related products or materials and any oils, petroleum-derived compounds or <br /> pesticides ("Hazardous Materials") have been generated, treated, stored, released <br /> or disposed of or otherwise placed, deposited in or located on the Property; and <br /> (ii) the Property is free of Hazardous Materials and is not subject to any <br /> "superfund" type liens or claims by governmental regulatory agencies or third <br /> parties arising from the release or threatened release of hazardous substances in, <br /> on, or about the Property. <br /> (h) Protected historical sites. [5elect either(1) or{2}below:) <br /> (1) Sellers represent that Sellers do not know if there are historical, <br /> native American, or archeolo,gical materials on or in the Property that <br /> might be protected by law. � <br /> (2) X SelIers represent to the best of Sellers' knowledge that the Properly <br /> does not have any American Indian burial graunds, other human burial <br /> grounds, ceremonial earthworks, historical materials, and/or other <br /> archealogical sites that aze protected by federal or state law. Purchaser's <br /> obligation to clase is contingent upon Purchaser determining to <br /> Purchaser's satisfaction that the properiy does not have any American <br /> Indian burial grounds, other human burial grounds, cerem,onial <br /> 4 <br /> 181815v2 <br />
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