9.2.B. PRSR 12-14-2005 - Laserfiche WebLink

Home Browse Search

under the Property; (v) there are no locations off the Property where Hazardous Materials generated by or on the Property have been treated, stored, deposited or disposed of; (vi) the sale of the Property by Seller to Buyer does not require notice to or the prior approval, consent or permission of any federal, state or local governmental agency, body, board or official; and (vii) no notices of any violation of any of the matters referred to in the foregoing subparagraphs relating to the Property or its use have been received by Seller and there are no writs, injunctions, decrees, orders or judgments outstanding, no lawsuits, claims, proceedings or investigations pending or threatened, relating to the ownership, use, maintenance or operation of the Property, nor is there any basis for any such lawsuit, claim, proceeding or investigation being instituted or filed. Buyer acknowledges that Seller or related entities, agents or designees and previous land owners may have been in the mining business and that the Property may have been used by Seller or related entities, agents or designees for mining activities. 5.1.5. To the best of Seller's knowledge, there are no others wells on the Property other than one (1) monitoring well. Buyer agrees to allow the Seller's continued use and access to said well at no cost to Seller. The Parties agree to execute a separate agreement to this effect concurrently with the execution of this Purchase Agreement. 5.1.6. There is no demand, proceeding, claim, suit, litigation, or other action pending or, to Seller's knowledge, threatened against Seller in connection with or related to the Property. 5.1.7. Seller is not a "foreign person" as that term is defined under Internal Revenue Code § 1445(F)(3) and the sale of the Property is not subject to any withholding requirements imposed by the Internal Revenue Code, including, without limitation, § 1445(F)(3) 5.1.8. No action in condemnation is now pending or, to Seller's knowledge, contemplated against the Property. 5.1.9. All labor and/or materials which have been furnished to the Property by or on behalf of Seller have been fully paid for or will be fully paid for prior to the Closing Date so that no lien for such labor or materials rendered can be asserted against the Property. 5.1.10. There is no "individual sewage treatment system" within the meaning of Minn. Stat. § 115.55 on or serving the Property. No sewage is generated at the Property. 5.1.11. Seller shall give Buyer prompt written notice of any matter coming to the attention of Seller which, to Seller's knowledge, would affect or change Page 8 Version Date: 12/8/OS S:\PARK & REC\12 14 OS Packet\Pnmhase Agreement v12072005.doc