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• 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 /> §9601, et seq., and substances defined as "hazardous wastes," "hazardous substances,"
<br /> "pollutants, or contaminants" as defined in the Minnesota Environmental Response and
<br /> Liability Act, Minnesota Statutes, §115B.02. The term "hazardous substance" must also
<br /> • include asbestos,polychlorinated biphenyls,petroleum, including crude oil or any
<br /> fraction thereof,petroleum products,heating oil, natural gas, natural gas liquids, liquified
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