|
<br />Department and it authorized park users.
<br />
<br />5.1.3. To the best of Seller's knowledge, the Property is in compliance, in all
<br />material respects, with all applicable statutes, ordinances, codes, and all
<br />rules and regulations of all governmental and quasi-governmental
<br />authorities with jurisdiction over the Property. Seller has received no
<br />written notice of any violation of any ofthe foregoing.
<br />
<br />5.1.4. To the best of Seller's knowledge the Property and its existing and all
<br />prior uses comply and have at all times complied with, and Seller is not in
<br />violation of, has not violated, in connection with its ownership, use,
<br />maintenance or operation of the Property and the conduct of the business
<br />related thereto, any applicable federal, state, county or local statutes, laws,
<br />regulations, rules, ordinances, codes, standards, orders, licenses or permits
<br />of any governmental authorities relating to environmental matters (being
<br />hereinafter collectively referred to as the "Environmental Laws"),
<br />including by way of illustration and not by way of limitation, (A) the
<br />Clean Air Act, the federal Water Pollution Control Act of 1972, the
<br />Resource Conservation and Recovery Act of 1976, the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, the
<br />Toxic Substances Control Act, the Minnesota Environmental Response
<br />and Liability Act (including any amendments or extensions thereof and
<br />any rules, regulations, standards or guidelines issued pursuant to any of
<br />said Environmental Laws), and (B) all other applicable environmental
<br />standards or requirements. Without limiting the generality of the
<br />foregoing to the best of Seller's knowledge: (i) neither Seller, its agents,
<br />employees and independent contractors nor any tenant, has operated the
<br />Property for the purpose of disposing of petroleum products or any
<br />"hazardous material," as defined in said Environment Laws, other toxic
<br />dangerous or hazardous chemicals, materials, substances, pollutants and
<br />wastes, or any chemical, material or substance exposure to which is
<br />prohibited, limited or regulated by any federal, state, county, regional or
<br />local authority (all the foregoing being hereinafter collectively referred to
<br />as "Hazardous Materials"); (ii) there are no existing or pending remedial
<br />actions or other work, repairs, construction or capital expenditures with
<br />respect to the Property in connection with the Environmental Laws, nor
<br />has Seller received any notice of any of the same; (iii) no Hazardous
<br />Materials have been or will be released into the environment, or have been
<br />or will be deposited, spilled, discharged, placed or disposed of at, on, or
<br />adjacent to the Property, nor has the Property been used at any time by any
<br />person as a landfill or a disposal site for Hazardous Materials or for
<br />garbage, waste or refuse of any kind; (iv) there are no electrical
<br />transformers or other equipment containing dielectric fluid containing
<br />polychlorinated biphenyls in excess of 50 parts per million located in, on
<br />or under the Property, nor is there any friable asbestos contained in, on ore
<br />Page 7
<br />Version Date: 6/15/06
<br />C:\Documents and Settings\tallardlLocal Settings\Temporary Internet Files\OLKF\Agreernent attach to 7 2.DOC
<br />
|