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(e) Defaults. To the best knowledge of each party, the party is not in default <br />concerning any of its obligations or liabilities regarding the land to be conveyed <br />by the party. <br />(f) Non -Foreign Status. The parties hereunder are not a "foreign person," "foreign <br />partnership," "foreign trust" or foreign estate" as those terms are defined in <br />Section 1445 of the Internal Revenue Code of 1986, as amended and the <br />regulations promulgated_thereto._ <br />(g) Wells. The parties hereunder do not know of any "Wells" on the parcels to be <br />conveyed by the party hereunder within the meaning of Minn. Stat. § 103I. This <br />representation is intended to satisfy the requirements of that statute. <br />(h) Storage Tanks. To the best knowledge of the City and District, no "above ground <br />storage tanks" within the meaning of Minn. Stat. § 116.46 is located in or about <br />the parcels to be conveyed by the respective party. <br />(i) Individual Sewa a Treatment Systems. Solely for purposes of satisfying the <br />requirements of Minn. Stat. § 115.55, there is no "individual sewage treatment <br />system" within the meaning of that statute on or serving the land to be conveyed <br />by the party hereunder. <br />(j) Miscellaneous. It is a condition of Closing that the representations and warranties <br />contained in this Section 11 are true and correct at Closing. <br />13. CONDITONS PRECEDENT TO CLOSING. The obligations of the City and <br />the District to proceed to Closing under this Agreement are subject to the following conditions <br />precedent: <br />(a) The City and the District will have performed and satisfied each and all of their <br />respective obligations under this Agreement; <br />(b) Each party's representations and warranties set forth in this Agreement will be <br />true and correct on the Closing Date; <br />(c) Each party will deliver to the other the respective Deed, and other necessary <br />documents in a condition that enables the Title Company to deliver a Title Policy <br />in accordance with this Agreement; <br />(d) Each party has received or will pursue, all necessary approvals for subdivision of <br />the property to be conveyed under this Agreement from any larger parcel the <br />party owns; <br />(e) Each party has submitted or will submit to the County a request to combine the <br />parcels remaining from the subdivision that the party will continue to own with an <br />adjoining parcel owned by the party; <br />201970A 8 <br />