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2007-07-11 Set Agenda & Handouts
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2007-07-11 Set Agenda & Handouts
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<br />inspections and tests as Buyer shall deem appropriate to determine that the Property is free from <br /> <br />any Hazardous Substances as defined in Paragraph 10(k) hereof, and is in full compliance with <br /> <br />all federal, state and local environmental laws and regulations. At Buyer's discretion, such <br /> <br />inspections and test may include Phase I and Phase IT environmental reports (the "Environmental <br /> <br />Report"), Seller's soils and/or geotechnical reports certified to Buyer. Buyer agrees to indemnify <br /> <br />and defend Seller from, and to hold the Seller harmless against any and all claims, causes of <br /> <br />action or expenses, including attorneys fees, relating to or arising from Buyer's presence on the <br /> <br />Property prior to the Closing. Buyer agrees to repair any damage to the Property caused by such <br /> <br />inspections and to return the Property to substantially the same condition as existed prior to <br /> <br />Buyer's inspection. <br /> <br />16. Agreements. Representations and Warranties by Seller. Seller agrees, represents <br /> <br />and warrants as follows: <br /> <br />(a) The individuals executing this Agreement on behalf of Seller have the requisite <br />authority to execute this Agreement and such other documents as are <br />contemplated or to be delivered by Seller herein, and to bind Seller thereto; and <br />Seller has the full and complete authority to sell the Property; <br /> <br />(b) Seller is not a foreign person, foreign partnership, foreign trust or foreign estate as <br />those terms are defined in Section 1445 of the Internal Revenue Code; <br /> <br />(c) There have been no bankruptcy or dissolution proceedings involving Seller during <br />the time in which Seller has had any interest in the Property; there are no <br />unsatisfied judgments or state or federal tax liens of record against Seller; and no <br />labor or materials have been furnished to the Property for which payment has not <br />. been made; <br /> <br />(d) There are no unrecorded mortgages, contracts, purchase agreements, options, <br />leases, easements or other agreements or interest relating to the Property and there <br />are no persons in possession of any portion of the Property except as may be <br />disclosed by the Title Evidence; <br /> <br />(e) To Seller's actual knowledge, there are no encroachments or boundary line <br />questions affecting the Property, except as may be disclosed by the Title <br />Evidence; <br />
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