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• b. On or before the Date of Closing, Seller must pay or provide for the <br /> payment of all special assessments levied or pending against the Property as of the Date <br /> of Closing, including special assessments certified for payment with the current year's <br /> real estate taxes; and <br /> c. Buyer and Seller must pro rate the real estate taxes, if any, which are <br /> payable in the year of closing on a per-diem basis using a calendar year,to the Date of <br /> Closing. If the Date of Closing occurs in the year in which Seller records the plat of <br /> NORTHSTAR BUSINESS PARK, Seller will have already paid any real estate taxes due <br /> and payable in that year in connection with the recording of the plat of NORTHSTAR <br /> BUSINESS PARK. For purposes of the pro-ration described in this Section 14(c), the <br /> real estate taxes due and payable with respect to the property in the year in which Seller <br /> records the plat of NORTHSTAR BUSINESS PARK,will be calculated by multiplying <br /> the amount of the real estate taxes due and payable in that year for all of the property <br /> subject to the plat of NORTHSTAR BUSINESS PARK by a fraction the numerator of <br /> which is the square footage of the Property and a denominator of which is the square <br /> footage of all lots in NORTHSTAR BUSINESS PARK. If the Date of Closing occurs in <br /> a year following the year in which the plat of NORTHSTAR BUSINESS PARK is <br /> recorded, the current year real estate tax information will be used, if available, and if <br /> current year real estate tax information is not available using the amount of the real estate <br /> taxes due and payable in the year immediately preceding the year of closing. Any such <br /> pro-ration is final and no subsequent adjustments, refunds or additional payments must be <br /> • made. <br /> 15. Seller's Representations. Seller makes the following representations to Buyer: <br /> a. Seller represents that, to the best of Seller's actual knowledge, there is no <br /> action, litigation, governmental investigation, condemnation or administrative proceeding <br /> of any kind pending against Seller with respect to the Property or otherwise involving any <br /> portion of Property, and no third party has threatened Seller with commencement of any <br /> such action, litigation, investigation, condemnation or administrative proceeding. <br /> b. Seller represents that, to the best of Seller's actual knowledge,there are no <br /> wells located on the Property. <br /> c. Seller represents that, to the best of Seller's actual knowledge,there are no <br /> underground or above ground storage tanks of any size or type located on the Property. <br /> d. Seller represents that, to the best of Seller's actual knowledge,there are no <br /> Hazardous Substances located on the Property; the Property is not subject to any liens or <br /> claims by government or regulatory agencies or third parties arising from the release or <br /> threatened release of Hazardous Substances in, on or about Property; and Property has <br /> not been used in connection with the generation, disposal, storage, treatment or <br /> transportation of Hazardous Substances. For purposes of this Agreement, the term <br /> "Hazardous Substance" includes but is not limited to substances defined as "hazardous <br /> . substances," "toxic substances" or "hazardous wastes" in the Comprehensive <br /> Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. <br /> 1787610v1 7 <br />