6. HRSR 10-02-2006 - Laserfiche WebLink

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"Hazardous Substance" includes but is not limited to substances deft ed as "hazardous substances," "toxic substances" or "hazardous wastes" in the Compr ~~~T Environmental Response Compensation Liability Act of 1980, as en e , C. §9601, et seq., and substances defined as "hazardous wastes," "hazar ous su s ances, "pollutants, or contaminants" as defined in the Minnesota Environmental Response and Liability Act, Minnesota Statutes, § 115B.02. The term "hazardous substance" must also include asbestos, polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquified natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas). o. Seller represents that, to the best of Seller's actual knowledge, no activity has been undertaken on the Property that would cause or contribute to the discharge of pollutants or of fluids into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. or the Clean Air Act, 42 U.S.C. §7401 et seq. or any similar state law or local ordinance. p. Seller represents and warrants that Seller has not engaged a real estate agent to represent Seller and assist in the transaction. If, at any time prior to the Date of Closing, Seller acquires actual knowledge of events or circumstances which render the representations set forth in this Section 12 inaccurate in any respect, Seller must promptly notify Buyer, in writing. Seller will indemnify Buyer, its successors and assigns, against and will hold Buyer, its successors and assigns harmless from, any expenses or damages, including reasonable attorneys fees, that Buyer incurs because of the Seller's breach of any of the above warranties; the inaccuracy of any of the above representations when made; or Seller's failure to promptly notify Buyer if, before the Date of Closing, the representations set forth above become inaccurate. The representations, warranties and indemnification set forth above survive the closing of this transaction and the execution of the Contract for Deed. At closing, an authorized representative of Seller must execute and deliver to Buyer a certificate of Seller certifying that the representations contained in this Section 12 are true as of the Date of Closing or, if such representations are no longer true, describing, in detail, the reasons why the representations are no longer true (the "Date Down Certificate"). 13. Buyyer's Representations and Warranties. Buyer hereby represents and warrants to Seller as follows: a. Buyer hereby represents and warrants to Buyer that (i) Buyer is a housing and redevelopment authority duly organized and validly existing pursuant to Minn. Stat. Ch. 469; (ii) Buyer has full right and authority to enter into this Agreement, subject to Buyer's compliance with the requirements of Minn. Stat. Section 469.029; (iii) each person signing on behalf of Buyer is authorized to do so.' b. Buyer has not engaged a real estate agent to represent and assist Buyer in this transaction. 1941727v5