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<br />.
<br />
<br />7.6
<br />
<br />7.7
<br />
<br />7.8
<br />
<br />cooperate with Purchaser in the examination of such information and in the
<br />transition of ownership of the Real Property, Business Equipment and Black Dirt.
<br />
<br />Change of Ownership. From the date hereof Seller agrees to enter into no leases,
<br />material agreements, or contracts, and to incur no major expenses relating to the
<br />Real Property, Business Equipment and Black Dirt prior to the Closing Date
<br />without Purchaser's prior written consent.
<br />
<br />Mechanics' and Other Liens. Seller does not owe money to any architect,
<br />contractor, subcontractor or materialman for labor or materials performed,
<br />rendered or supplied to or in connection with the Real Property. There is no
<br />work being done at or materials being supplied to the Real Property at the date
<br />hereof.
<br />
<br />Real PropertY Taxes. Seller has paid all real estate taxes on the Real Property
<br />due and payable through 1998.
<br />
<br />7.9 Hazardous Substances. Seller does not currently use the Real Property for
<br />disposal or storage of any Hazardous Substance (other than those identified on
<br />Exhibit B or those occurring on the site as the result of operations conducted on
<br />the TCCAP site) and Seller has no knowledge of any noxious, toxic, hazardous,
<br />unsafe or environmentally unsound materials, substances, wastes or Hazardous
<br />Substances (as hereinafter defined) in, at, under or on the Real Property whether
<br />there by intent, spill, release, discharge, disposal, storage or any other means.
<br />Seller has not received any notice from any government agency, board,
<br />commission, authority or any other entity, and is not a party to any legal or
<br />administrative action or proceeding, concerning or relating in any way to the
<br />spill, release, discharge, transportation, disposal, storage or presence of
<br />hazardous or regulated substances or wastes in, at, under, on, or concerning the
<br />Real Property, including any pending, or contemplated search or investigation
<br />of the Real Property or any portion thereof with respect thereto. Any hazardous
<br />substances previously stored on the Real Property and the containers in which
<br />such substances were stored have been disposed of in compliance with
<br />applicable federal, state and local regulations. Seller has no knowledge of any
<br />activity on the Real Property which would subject any owner or operator thereof
<br />to damages, penalties, injunctive relief or costs or remediation or cleanup under
<br />any federal, state or local law. For the purposes of this Agreement, the term
<br />"Hazardous Substance means that and/or similar terms as defined in Section
<br />104(14) of the Comprehensive Environmental Response, Compensation a
<br />Liability Act of 1980, and as amended, 42 U.S.C. Sec. 9601 et seq. (14), and
<br />Section 2(8) of the Minnesota Environmental Response and Liability Act, and as
<br />amended, Minnesota Statutes Sec. 115B.02(8), and includes the term
<br />"regulated substance" as defined in Section 9001(2) of the underground Storage
<br />Tank Act, and as amended, 42 U.S.C. Sec. 6991(2) and the term "hazardous
<br />waste" as defined in Section 1004(5) of the Resource Conservation and
<br />
<br />.
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<br />.
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<br />5
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