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damage, liabilities, and costs (including attorney's fees and court costs) asserted against or incurred by Buyer by reason of or arising out of the environmental condition of the Property at the time of Closing, and for any breach of the foregoing by Seller. (j) Ri2hts of Others to Purchase PropertY. Seller has not entered into any leases or other contracts for the sale of the Property, nOI are there any rights offtrSt refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. (k) Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. (1) FIRPT A. Seller is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. (m) Use of Real PropertY. [the Real Property is usable for its current uses ",ithout violating any federal. state, local or other governmental building, zoning, health, safety, platting, subdivision or other law, ordinance or regulation, or any applicable private restriction, and such use is a legal conforming use. (n) Proceedings. There is no action, litigation, investigation, condemnation or proceedins of any kind pending or threatened against Seller or any portion of the Property. (0) Aeents and Emoloyees. No management agents or other personnel employed in connection with the operation of the Property have the ri.ght to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing. ~ (P) Condition. The buildings, structures and improvements included \vithin the Property are structurally sound and in good repair and in first-class condition, and all mechanical, electrical, heating, air conditioning, drainage, sewer, ,vater and plumbing sYEtems are in proper working order. Wells. No "wells" or "sewage treatment systems'~ (within the meaning of Minn. Stat. S 1031.005, Subd. 21 as to wells and Minn. Stat. ~ 115.55, Subd. 6 as to sewage treatment systems) are on the Property, except for that certain wellloc:ated under the ~ui]di.ng, which Seller agrees to cap, at its sole cost and expense, prior to closing. This representation is intended to satisfy the requirements of Minn. Stat. ~ 1031.235, Subd. l(a) and Minn. Stat ~ 115.55, Subd. 6. (q) Seller \\.ill indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, hannless from, any expenses or damages, ~cluding ~asonable attorneys' 10