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6.1. EDSR 08-15-2022
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6.1. EDSR 08-15-2022
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8/12/2022 11:32:37 AM
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City Government
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8/15/2022
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Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substances Act, the <br />Superfund Amendments and Reauthorization Act, the Toxic Substances Control Act and the <br />Hazardous Materials Transportation Act, all as amended, and all other comparable federal, state <br />or local environmental conservation or protection laws, rules or regulations. The foregoing <br />assumption and release shall survive Closing. All statements of fact or disclosures, if any, made <br />in this Agreement or in connection with this Agreement, do not constitute warranties or <br />representations of any nature. The foregoing provision shall survive Closing and shall not be <br />deemed merged into any instrument of conveyance delivered at Closing. <br /> <br />8. Additional Covenants and Warranties of Seller. Seller represents and warrants to <br />and covenants with Purchaser as follows: <br /> <br />a. The representations and warranties of the Seller contained in this <br />Agreement must be true now and on the Closing Date in all material respects as if made on <br />the Closing Date. Seller is the fee owner of the Real Property. Seller will cause the Real <br />Property to be released from any mortgages or other liens at or prior to Closing. <br /> <br />b. At Closing, there will be no leases or other occupancy agreements in effect <br />with respect to the Real Property. <br /> <br />c. At Closing, no contracts or agreements will be in effect with respect to the <br />Real Property by which Purchaser shall be bound. <br /> <br />d. To Seller’s actual knowledge, the Real Property is, in all material respects, <br />in compliance with all applicable laws, codes, ordinances and regulations, including, <br />without limitation, those relating to zoning and environmental protection (“Applicable <br />Laws”). To Seller’s actual knowledge, neither Seller nor any other owner or occupant of <br />the Real Property has received any notice to the effect that the Real Property, or any system <br />or component serving the Real Property is not in compliance with any Applicable Laws. <br />To Seller’s actual knowledge, neither Seller nor any other owner or occupant of the Real <br />Property has received any notice, order or other communication from any governmental <br />body having jurisdiction requiring any work to be performed with respect to the Real <br />Property which has not been performed. <br /> <br />e. There is no action, litigation, investigation, condemnation or proceeding of <br />any kind pending or, to the best of Seller’s knowledge, threatened against Seller or the Real <br />Property, or any interest therein, which could affect the Real Property, any portion thereof <br />or title thereto. <br /> <br />f. Seller has received no notices with respect to improvements planned which <br />may result in special assessments being levied against the Real Property before Closing, <br />and, to Seller’s best knowledge, there are no such improvements planned which may result <br />in special assessments being levied against the Real Property before Closing. <br /> <br />To Seller’s best knowledge, there are no wells, either in use, not in use, or sealed located <br />on the Real Property. If any wells are found to be located on the Real Property, then, prior <br />to Closing and at Seller’s sole expense, Seller will seal in accordance with all Applicable <br /> <br />EL185\\71\\796863.v7 <br />4 <br />
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