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J. Methamphetamine Production. No Methamphetamine Production has occurred on the Property. K. Litigation. To the best of Seller's knowledge there is: (i) no actual or pending litigation or proceeding by any organization, person, individual or governmental agency against Seller or against the Property, and (ii) no pending or threatened condemnation proceeding that would affect the Property. L. Boundary Lines. To the best of Seller's knowledge there are no: a) disputes pertaining to the location of the boundary lines of the Property, or b) existing encroachments from or onto the Property. Each of the representations and warranties made herein shall survive Closing. Seller will indemnify Buyer and its successors and assigns, against, and will hold Buyer, and its successors and assigns, harmless from, any expenses or damages, including reasonable attorney's fees, that Buyer incurs because of the breach of any of the above representations and warranties. 9. Condemnation. If, prior to the Closing, eminent domain proceedings are commenced against all or any part of the Property, Seller will immediately give notice to Buyer of such fact, and at Buyer's option (to be exercised within 20 days after Seller's notice), this Agreement will terminate, in which event neither party will have further obligations under this Agreement, and the Earnest Money will be refunded to Buyer. If Buyer fails to give such notice then there will be no reduction in the Purchase Price, and Seller will assign to Buyer at the Closing all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing, Seller will not designate counsel, appear in, or otherwise take any action with respect to the condemnation proceedings without Buyer's prior written consent. 10. Broker's Commission. Seller and Buyer represent to each other that they have not dealt with any brokers, real estate agents or the like in connection with this transaction, and that there are no real estate brokers fees or commissions due on this sale. If either party has entered into a written agreement which gives rise to a real estate commission being due, then the party so entering into the written agreement shall be responsible for the payment of any real estate commission or brokers fee arising thereunder. 11. Survival. The warranties, representations and covenants contained herein shall survive Closing. 12. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is: i) delivered personally upon Mark Rancone, if such delivery is upon Seller, or delivered personally upon Patrick Trudgeon, Interim City Manager, if such delivery is upon Buyer, ii) mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid 6