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damage, liabilities, and costs (including attorney's fees and court costs) asserted against ar incurred by Buyer by reason of or arising out of the environmental condition of the Property at the time of Closing, and for any breach of the foregoing by Seller. (j) Rights of Others to Purchase Property. Seller has not entered into any leases or other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. (k) Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. (1) FIRPTA. Seller is not a "foreign person ", "foreign partnership ", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. (m) 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 conforming use. (n) Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. (o) Agents and Employees. No management agents or other personnel employed 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. (p) Condition. The buildings, structures and improvements included within the Property are structurally sound and in good repair and in first -class condition, and / i f all mechanical, electrical, heating, air conditioning, drainage, sewer, water and plumbing systems are in proper working order. (Q Wells. No "wells" or "sewage treatment systems" (within the meaning of Minn. Stat. § 1031.005, Subd. 21 as to wells and Minn Stat. § 115.55, Subd. 6 as to sewage treatment systems) are on the Property, except for that certain well located under the — building which Seller agrees to cap, at its sole cost and expense, prior to closing. This representation is intended to satisfy the requirements of Mien. Stat. § 103I.235, Subd. 1(a) and Minn. Stat. § 115.55, Subd. 6. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' 10