i
<br /> I
<br /> I
<br /> including Permits relating to Hazardous Substances, and their amendments, To the best of Seller's knowledge,
<br /> the Permits and Licenses are in full force and effect,and to the best knowledge of Seller,Seller is not in default
<br /> under the Permits or Licenses. To the best of Seller's knowledge,no other Permits or Licenses are required from any
<br /> governmental entity in order to operate the Property as it is now operated, Seller has not received any notice of
<br /> default under or any violation of any Permits or Licenses which remains uncured,To the best of Seller's knowledge,
<br /> the Permits and Licenses constitute all Permits and Licenses required for the occupancy of the Property and the
<br /> operation of the Improvements as the Property is now being occupied and operated,
<br /> 10.9 Utilities, Ail water,sewer,electric,natural gas,telephone,telecommunications,and drainage facilities,
<br /> and other utilities required for the current operation of the Property are installed to the Property and are connected
<br /> with valid permits. To the best of Seller's knowledge, all utility lines serving the Property are located within the
<br /> boundaries of the Property, within lands dedicated to public use, or within recorded easements for such purpose.
<br /> Seller has not received any notice of actual or threatened reduction or curtailment of any utility service now supplied
<br /> to the Property.
<br /> 10.10 Certificates of Occupancy, Seller has not received any notice of actual cancellation or suspension of
<br /> any certificates of occupancy for any portion of the Property,
<br /> 10.11 Taxes and Assessments. To the best knowledge of Seller,the Land is not subject to or affected by
<br /> any special assessment for public improvements or otherwise,whether or not presently a lien upon the Land.Seller
<br /> has not made any commitment to any goverwnental authority, utility company, school board, church, or other
<br /> religious body,homeowner or homeowner's association or any other organization, group,or individual relating to
<br /> the Property which would impose an obligation upon Seller or its successors or assigns to make any
<br /> contributions or dedications of money or land,or to construct, install or maintain any improvements of a public or
<br /> private nature as part of the Property or upon separate lands. No governmental authority has imposed any
<br /> requirement that Seller pay, directly or indirectly, any special fees or contributions or incur any expenses or
<br /> obligations in connection with the development of the Property or any portion thereof, other than any regular and
<br /> nondiscriminatory local real estate or school taxes assessed against the Property,No federal,state,or local taxing
<br /> authority has asserted any tax deficiency,lien,interest or penalty,special assessment,or other assessment against the
<br /> Property or Seller which has not been paid;and there is no pending audit or inquiry from any federal,state or local
<br /> taxing authority or other matter relating to the Property or Seller of which Seller has received notice which reasonably
<br /> may be expected to result in a tax deficiency,lien,interest,penalty,special assessment or other assessment against the
<br /> Property or Seller,
<br /> 10.12 Environmental Laws. Except as disclosed in writing by Seller to Buyer,Seller,Seller's business, and,to
<br /> the best of Seller's knowledge,the Property have been and are in compliance in all material respects with applicable
<br /> Enviromnental Laws. Except as disclosed in writing by Seller to Buyer, there is and has been no civil or criminal
<br /> litigation, written notice of violation, order, demand, allegation, citation, directive, summons, penalty, fine, or
<br /> liability arising under any Environmental Law(collectively,"Environmental Notices")during the period of time that
<br /> Seller has owned the Property, and Seller, Seller's business and the Property have not been the subject of any
<br /> administrative proceeding, investigation or information request relating to any Environmental Law or
<br /> Environmental Matter, To the best of Seller's knowledge, Seller and the Property are in compliance with those
<br /> Permits and Licenses required under Environmental Law to operate the business and the Property as currently
<br /> operated by Seller,and no such Permits and Licenses or other approvals will be required,revoked,terminated or not
<br /> renewed as a result of the transactions contemplated by this Agreement, Seller has not used, handled, generated,
<br /> produced, manufactured, heated,stored,disposed of,recycled, or transported any Hazardous Substances on,under,
<br /> about, to or from the Property (or any other property) in violation of any Environmental Law except as may be
<br /> disclosed in any environmental report timely delivered by Seller to Buyer in accordance with Section 4.1. Except as disclosed in writing
<br /> Page 18 of 38
<br />
|