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• PARK, will be calculated by multiplying the amount of the real estate taxes due and
<br /> payable in that year for all of the property subject to the plat of NORTHSTAR
<br /> BUSINESS PARK by a fraction, the numerator of which is the square footage of the
<br /> Property and the denominator of which is the square footage of the platted lots in
<br /> NORTHSTAR BUSINESS PARK. If the Date of Closing occurs in a year following the
<br /> year in which the plat of NORTHSTAR BUSINESS PARK is recorded, the current year
<br /> real estate tax information will be used, if available, and if current year real estate tax
<br /> information is not available, the amount of the real estate taxes due and payable in the
<br /> year immediately preceding the year of closing will be used. Any such pro-ration will be
<br /> final and no subsequent adjustments,refunds or additional payments will be 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 the commencement of
<br /> any 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 and there are no individual sewage treatment systems on or
<br /> serving 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 /> nor were there any underground storage tanks located on the Property which were
<br /> subsequently removed.
<br /> d. Seller represents that, to the best of Seller's actual knowledge, there are no
<br /> Hazardous Substances located in, on or about the Property; the Property is not subject to
<br /> any liens or claims by governmental or regulatory agencies or third parties arising from
<br /> the release or threatened release of Hazardous Substances in, on or about Property; and
<br /> the Property has not been used in connection with the generation, disposal, storage,
<br /> treatment or transportation of Hazardous Substances. For purposes of this Agreement,
<br /> the term "Hazardous Substances" includes,but is not limited to, substances defined as
<br /> "hazardous substances," "toxic substances" or"hazardous wastes" in the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980, as amended, 42
<br /> U.S.C. §9601, et seq., and substances defined as "hazardous wastes," "hazardous
<br /> substances," "pollutants or contaminants" as defined in the Minnesota Environmental
<br /> Response and Liability Act, Minnesota Statutes, §115B.02. The term "Hazardous
<br /> Substances" also includes asbestos,polychlorinated biphenyls,petroleum, including
<br /> crude oil or any fraction thereof,petroleum products, heating oil, natural gas,natural gas
<br /> liquids, liquified natural gas, or synthetic gas useable for fuel (or mixtures of natural gas
<br /> and synthetic gas).
<br /> • If, at any time prior to the Date of Closing, Seller acquires actual knowledge of events,
<br /> circumstances or facts which render the representations set forth in this Section 15 inaccurate in
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