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2007-06-27 Set Agenda & Handouts
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2007-06-27 Set Agenda & Handouts
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7/18/2007 1:10:35 PM
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<br />(t) To Seller's actual knowledge, the Property is not in violation of any <br />statute, law, orcli1Iance or fe81J1etion, and there is no action, litigation, <br />governmental investigation, condemnation or administrative proe.eedingof <br />any kind pending or, to Seller's best knowledge, threatened. apiMt or <br />involving any portion of the Property; <br /> <br />(g) Seller is not in default in the performance of any of Seller's obligations <br />under any purchase agreement, easement agreement, covenant, condition, <br />restriction or other instrument re1atins to the Property; <br /> <br />(h) To Seller's knowledge, either (a) there are no wells on the Property, or (b) <br />all wells located on the Property have been capped as required by <br />Minnesota law, a completed Minnesota Well Disclosure Statement has <br />been delivered to Purchaser by Seller, and no such wells are conwNftatteJ. <br />or are constructed or maintained in such a manner that their continued use <br />or existence endangers ground water quality or is a safety or health hazard; <br />and <br /> <br />(i) To Seller's knowledge, there are no underground or above ground storage <br />taIIks of any size or type located on the Property nor any Hazardous <br />Substances (defined below) located on the Property in violation of <br />applicable governmental requirements, and the Property bas not been used <br />in connection with the generation, disposal, storage, treatment or <br />transportation of Hazardous Substances in violation of applicable <br />governmental requirements. For purposes of this Agreement, the term <br />"Hazardous Substances" inc1udes but is not limited to substances defined <br />as "hazardous substances," "toxic substances," "hazardous wastes," <br />"pollutants" or "COIlfarpi~" under federal or Minnesota law. The term <br />"hazardous substance" shall also include asbestos, polychlorinated <br />biphenyls, petroleum, including crude oU or any fi'action thereof: <br />petroleum products, heating oil, natural gas, natural gas liquids, liquefied <br />natural gas, or synthetic gas useable for fuel (or mixtures of natural gas <br />and synthetic gas). <br /> <br />Wherever reference is made in this Agreement to the "knowledge" of the Seller, such <br /> <br />term means the actual knowledge of the Seller, or any knowledge that should have been <br /> <br />known by the Seller upon reasonable inquiry. <br /> <br />11. R~smons And Warranties of PI11"CMU!I', Purchaser warrants and <br /> <br />represents to Seller that Pur" is a municipal cor~ under the laws of the State <br />of Minnesota; that Purchaser has the requisite municipal power and authority to enter into <br />
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