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Ma'. ,j. 2000 9:~2~~,1 i~ (I 9 S 4 5 P 'l (g) Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. (h) FIRPTt\. Seller is not a "foreign person", "foreign partnership", "foreign trost" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. (i) Use of Real Property. [the Real Property is usable for its current uses without 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 confonning use. (j) Proceedinis. There is no action, litigation, investigation. condemnation or proceeding of an)' kind pending or threatened against Seller or any portion of tb~ Property. (k) Aients and Emplovees. No management agents or other personnel empioyed in connection with the operation of the Property have the right 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. (l) Condition. The buildings, structures and improvements included within the Property are strucmrally sound and in good repair and aU mechanical, electrical, heating, air conditioning, drainage, sewer, water and plumbing systems are in proper working order. Please also refer to Exhibit E. (m) Wells. No "wells" or "sewage treatment systems" (within the meaning of Minn. Stat. ~ 1031.005, Subd. 21 as to wells and 1-Iinn.. Stat. S 115.55, Subd. 6 as to se'wage treatment systems) are on the Property, except for that c.ertain well located under the building which Buyer agrees to cap, at its sole cost and expense. This representation is intended to satisfy the requirements of Minn. Stat. S 1031.235, SOOd. lea) and Minn. Stat. S 115.55, Subd. 6. Seller will indemnify Buyer, its successors and assigns, against,. and wiJ.l bold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of the lA':illful breach of any of the above representations and warranties, whether such breach is discovered before (lr after closing. Each of the representations and warranties herein contained shall survive the Closing and shall not be a..+rected by any investigation. verification or approval by any party thereto or by anyone on behalf of any party hereto and shall not merge into Seller's deed being delivered. at Closing. 10. Damaie. If, prior to the Closing Date, all or any pan of the Property is substantially damaged by fire casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terminate, in which event neither party will have any 9