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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 />(t) To Seller's actual knowledge, the Property is not in violation of any statute, law, <br />ordinance or regulation, and there is no action, litigation, governmental <br />investigation, condemnation or administrative proceeding of any kind pending or, <br />to Seller's best knowledge, threatened, against or involving any portion of the <br />Property; <br /> <br />(g) Seller is not in default in the performance of any of Seller's obligations under any <br />purchase agreement, easement agreement, covenant, condition, restriction or other <br />instrument relating to the Property; <br /> <br />(h) To Seller's knowledge, either (a) there are no wells on the Property, or (b) all <br />wells located on the Property have been capped as required by Minnesota law, a <br />completed Minnesota Well Disclosure Statement has been delivered to Buyer by <br />Seller, and no such wells are conwminated, or are constructed or maintained in <br />such a manner that their continued use or existence endangers ground water <br />quality or is a safety or health hazard; and <br /> <br />(i) To Seller's knowledge, there are no underground or above ground storage tanks <br />of any size or type located on the Property nor any Hazardous Substances <br />(defined below) located on the Property in violation of applicable governmental <br />requirements, and the Property has not been used. in connection with the <br />generation, disposal, storage, treatment or transportation of Hazardous Substances <br />in violation of applicable governmental requirements. For purposes of this <br />Agreement, the term "Hazardous Substances" includes but is not limited to <br />substances defined as "hazardous substances," "toxic substances," "hazardous <br />wastes," "pollutants" or "contmninants" under federal or Minnesota law. The <br />term "hazardous substance" shall also include asbestos, polychlorinated <br />biphenyls, petroleum, including crude oil or any fraction thereof, petroleum <br />products, heating oil, natural gas, natural gas liquids, liquefied natural gas, or <br />synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas). <br /> <br />Wherever reference is made in this Agreement to the "knowledge" of the Seller, such term <br /> <br />means the actual knowledge of the Seller, or any knowledge that should have been known by the <br /> <br />Seller upon reasonable inquiry. <br /> <br />17. Representations and Warranties of Buver. Buyer warrants and represents to Seller <br /> <br />that Buyer is a municipal corporation under the laws of the State of Minnesota; that Buyer has <br /> <br />the requisite municipal power and authority to enter into this Agreement and all documents set <br />
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