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(c) Copart is not a foreign person; as such term is defined in Section 1445(f) (3) of <br />the Internal Revenue Code of 1986, as amended, and shall deliver an affidavit to that <br />effect at closing, which shall be in form and substance reasonably acceptable to Copart. <br />(d) Copart certifies that it does not know of any "Wells" on the described Copart <br />Parcel within the meaning of Minn. Stat. Chapter 103I, except as disclosed herein. This <br />representation is intended to satisfy the requirements of that statute. <br />(e) To the best of Copart's knowledge, no toxic or hazardous substances or wastes, <br />pollutants or contaminants (as defined in applicable federal or state laws or local ordinances) <br />have been generated, treated, stored, released or disposed of, or otherwise placed, deposited <br />in or located on the Copart Parcel, nor has any activity been undertaken on the Copart Parcel <br />that would cause or contribute to (i) the Copart Parcel to become a treatment, storage or <br />disposal facility as defined in any federal or state law or local ordinance, (ii) a release or <br />threatened release of toxic or hazardous substances or wastes, pollutants or contaminants, <br />from the Copart Parcel as prohibited by any federal or state law or local ordinance, or (iii) <br />the discharge of pollutants or effluents into any water source or system, the dredging or <br />filling of any waters or the discharge into the air of any emissions, that would require a <br />permit under any federal or state law or local ordinance. To the best of the Copart's <br />knowledge, there are no toxic or hazardous substances or wastes, pollutants or contaminants <br />or other environmental conditions in or on the Copart Parcel that may support a claim or <br />cause of action under federal or state law or local ordinances or other environmental <br />regulatory requirements. To the best of Copart's knowledge, no part of the Copart Parcel is <br />a "Wetland", as defined by law. Copart will disclose to the City all environmental reports <br />and studies with respect to the Copart Parcel which are in Copart's possession or control. <br />(f) To the best of Copart's knowledge, there are no above ground tanks in or about the <br />Copart Parcel. To the extent such storage tanks exist, each will be duly registered with all <br />appropriate regulatory and governmental bodies and will be removed or brought into <br />compliance with applicable federal, state and local statutes, regulations, ordinances and <br />other regulatory requirements at Copart's expense. To the best of the Copart's knowledge <br />there are no underground storage tanks on the Copart Parcel. <br />(g) Solely for purposes of satisfying the requirements of Minn. Stat. § 115.55, Copart <br />certifies that, to Copart's knowledge, there is no "individual sewage treatment system" <br />(within the meaning of that statute) on or serving the Copart Parcel. Copart certifies that <br />sewage generated on the Copart Parcel goes to a facility permitted by the Minnesota <br />Pollution Control Agency. <br />Except as herein expressly stated, the City is purchasing the Copart Parcel based upon its <br />own investigation and inquiry and is not relying on any representation of Copart or other person and <br />is agreeing to accept and purchase the Copart Parcel "as is, where is" subject to the conditions of <br />examination herein set forth and the express warranties herein contained. The representations set <br />forth in this section shall be continuing and shall be true and correct as of the Date of Closing with <br />215118v12 8 <br />