|
(g) Environmental haws. To the best knowledge of Seller after due inquiry, no toxic
<br /> or hazardous substances or wastes, pollutants or contaminants (including, without
<br /> limitation, asbestos, urea formaldehyde, the group of organic compounds known
<br /> as polychlorinated biphenyls, petroleum products including gasoline, fuel oil,
<br /> crude oil and various constituents of such products, and any hazardous substance
<br /> as defined in the Comprehensive Environmental Response, Compensation and
<br /> Liability Act of 1980 ( "CER.CLA "), 42 U.S.C. § 9601 -9657, as amended) have
<br /> been generated, treated, stored, released or disposed af, or otherwise placed,
<br /> deposited in or located on the Property, nor has any activity been undertaken on
<br /> the Property that would cause or contribute to (i) the Property to become a
<br /> treatment, storage or disposal facility within the meaning of, or otherwise bring
<br /> the Property within the ambit o.`, the Resource Conservation and Recovery Act of
<br /> 1976 ( "RCRA "), 42 U.S.C. § 6901 et sz., or any similar state law or focal
<br /> ordinance, (ii) a release or threatened release of toxic or hazardous wastes or
<br /> substances, pollutants or contaminants, from the Property within the meaning of,
<br /> or otherwise bring the Property within the ambit of. CERCLA, or any similar state
<br /> Iaw or Iocal ordinance, or (iii) the discharge of pollutants or effluents into any
<br /> water source or system, the dredging or filling of any waters or the discharge into
<br /> the air of any emissions, that would require a permit under the Federal Water
<br /> Pollution Control Act, 33 U.S.C. § 1251 et es�g., or the Clean Air Act, 42 U.S.C, §
<br /> 7401 .t ,ate., or any similar state law or local ordinance. To the best knowledge
<br /> of Seiler after due inquiry, there are no substances or conditions in or on the
<br /> Property that may support a claim or cause of action under RCRA, CERCLA or
<br /> any other federal, state or local environmental statutes, regulations, ordinances or
<br /> other environmental regulatory requirements, including without limitation, the
<br /> Minnesota Environmental Response and Liability Act, Minn. Stat. 115B
<br /> ( "MERLA ") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat.
<br /> 115C. To the best knowledge of Seller after due inquiry, no above ground or
<br /> underground tanks, are located in or about the Property, or have been located
<br /> under, in er about the Property and have subsequently been removed or filled, To
<br /> the extent storage tanks exist on or under the Real Property such storage tanks
<br /> have been duly registered with all appropriate regulatory and governmental bodies
<br /> and otherwise are in compliance with applicable Federal, state and local statutes,
<br /> regulations, ordinances and other regulatory requirements.
<br /> (h) hts o£ Others to Purchase Pronem. Seller has not entered into any other
<br /> contracts for the sale of the Property, nor are there any rights of first refusal or
<br /> options to purchase the Property or any other rights of others that might prevent
<br /> the consummation of this Agreement.
<br /> (i) ,Seller's Defaults. To the best knowledge of Seller, Seller is not in default
<br /> concerning any of its obligations or liabilities regarding the Property.
<br /> 0) FIRPTA. Seller is not a "foreign person ". "foreign partnership ", "foreign trust" or
<br /> "foreign estate" as those terms are defined in Section 1445 of the Internal
<br /> Revenue Code.
<br /> 9
<br />
|