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<br />. <br /> <br />. <br /> <br />. <br /> <br />/' <br /> <br />(e) <br /> <br />Valid and BindinR ARreement. This Agreement constitutes the valid <br />and binding obligation of the Sellers in accordance with its terms. <br />The execution and delivery of this Agreement and the consummation <br />hereof does not and will not violate any provision of any judicial <br />or governmental decree, order or judgment regardinR the Sellers. <br /> <br />(f) Improvements. Sellers will not, without the prior written consent <br />of Buyer: (i) construct of enter into any agreement or commitment <br />to construct any improvement on the Property; or (ii) enter into <br />any lease, easement, covenant or other obligation affecting the <br />Property. <br /> <br />(K) Public Right to Access. There is a right of access to the Property <br />from a public right of way. <br /> <br />(h) Liens. As of the date of closing, all payments will have been <br />made. for all labor and/or material furnished to the Property, by <br />or on behalf of Sellers. <br /> <br />(i) Storage Tanks. Any underground storage tanks shall be removed <br />by the Sellers at their expense. <br /> <br />(j) <br /> <br />Environmental Laws. To the best knowledge of Sellers, no toxic <br />or hazardous substances or wastes, pollutants or contaminants <br />(including, without limi ta tion,. asbestos, and any hazardous <br />substance as defined in the Comprehensive Environmental Response, <br />Compensation and Liability Act of 1980 ("CERCLA")), or have been <br />generated, treated, stored, released or disposed of, or otherwise <br />placed, deposited in or located on the Property, nor has any <br />activity been undertaken on the Property that would cause or <br />contribute to (i) the Property becoming. a treatment, storage, or <br />disposal facility within the meaning of, or otherwise bring the <br />Property within the ambit of, the Resource" Conservation and Recovery <br />Act of 1976 ("RCRA"), or any similar state law or local ordinance; <br />(ii) a release or threatened release of toxic or hazardous wastes <br />or substances, pollutants or contaminants, from the Property within <br />the meaniOJ~ of, or otherwise bring the Property wi thin the ambi t <br />of, CERCLA, or any similar state law or local ordinance; or (iii) <br />the discharge into the environment of any emissions that would <br />require a permit under the Federal Water Pollution Control Act, <br />or the Clean Air Act or any similar state law or local ordinance. <br />To the best knowledge of Sellers after due inquiry, there are no <br />substances or conditions in or on the Property that may support <br />a claim under RCRA, CERCLA or any other federal, state or local <br />environmental statutes, regulations, ordinances or other <br />environmental regulatory requirements. <br /> <br />(k) Development Process. Sellers shall cooperate with Buyer in the <br />development process. <br /> <br />-8- <br />