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the EnvironmentaI Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act, Title 15 U.S.C. Section 2606 and any hazardaus was#e, hazardous substance, pollt�tant ar contarrtinant, as defined in the Minnesota Environmenta] Response and Liabi�ity Act, Minnesota Statutes, Section 11 SB.02. The term also includes, but is not limited to, polych�orinated biphenyls, asbestos, petroleurn prociucts and various constituents of such praducts, urea for�naIdehyde and related substances. (ii) Storage Tanks. Developer is not aware of any underground storage tanks locatecE on or ir� the Triangle Parcel, but acknowledges its obligation #o remove any tanks disclosed by any e�viron�tenta9 reports or investigatians by the City, in accordance with paragraph {d) of this Section. {iii} Pendin�ti ag tion. There is na condemnation or other litigation presently pending or, to Developer's knowl�dge, under consideration by any party affecting, directly or indirectly, t�e Triangle Farcel. (iv} GovernmEntal Actian. Developer has not received notice of any action, suit or proceeding instituted by any person or entity against or affecting the Triangle ParceI before any federal, state, municipal or other governmental authority, including without limitation notice of any eondemnation or taking far any �ublie right-of-way or utility. (v) Authorization. Developer is the sole owner of the TriangIe Farcel, and has the right, power and capacity to enter into this Section of this Agreement, to eonsummate the transactions contetnplated hereby, and #o comply with the terms, conditions .and �rovisions hereof (vi} Condition of Trian le Parcel. Developer has received no notice, order or other comrnunication fram any governme»tal body ]�aving jurisdiction over the Triangle �'arcel requiring any improvement to or a�teration of the Triang�e Aarcet which has not been remedied, a��d Develaper agrees to give Buyer prompt writter� rtotice of any such communicatian received on or prior to Closin� Date. (vii} Wells/Septic Svsterns. Developer either certifies and warrants that it is not aware of ihe existence of a�►y wells on the Triangle Parcel within the meaning of Minn. Sta#. § 103I.045, or if ca�not pro�ide such certification and warranty, will at or before Closing provide a we]I diselosure statement in accordance with Minnesota Statues, Section 103I235. Developer is not aware of any ir�dividua] sewage treatment system on the Triangle ParceI within the meaning of Minn. Stat. § � l 5.55. (viii) Ri�ht to Sell. Developer 3�as not entered into any ather unterminated contracts for the sale of the Triangle Parcel, is not aware of any rights of first refusa] or options to purchase the Triang�e Pareel, and consummation of the sale wil} not violate the pro�isions of any governmental regulation or law applicable to Developer, nor of any agreement or instrument by which Develaper is bouncE. (ix) Parties in Possessian. There wiIl be no tenants or oiher parties in possession or with the right to possession of the Triangle Aarcel on the Closing Date. 10