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"Hazardous Substance" includes but is not limited to substances defined as "hazardous
<br />substances," "toxic substances" or "hazardous wastes" in the Comprehensive
<br />Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C.
<br />§9601, et seq., and substances defined as "hazardous wastes," "hazardous substances,"
<br />"pollutants, or contaminants" as defined in the Minnesota Environmental Response and
<br />Liability Act, Minnesota Statutes, § 115B.02. The term "hazardous substance" must also
<br />include asbestos, polychlorinated biphenyls, petroleum, including crude oil or any
<br />fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquified
<br />natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic
<br />gas).
<br />o. Seller represents that, to the best of Seller's actual knowledge, no activity
<br />has been undertaken on the Property that would cause or contribute to the discharge of
<br />pollutants or of fluids into any water source or system, the dredging or filling of any
<br />waters or the discharge into the air of any emissions that would require a permit under the
<br />Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq. or the Clean Air Act, 42
<br />U.S.C. §7401 et seq. or any similar state law or local ordinance.
<br />p. Seller represents and warrants that Seller has not engaged a real estate
<br />agent to represent Seller and assist in the transaction.
<br />All representations that are made to the best of Seller's actual knowledge are made to the best of
<br />the actual knowledge of Seller's president, William Houlton, without investigation or
<br />verification. If, at any time prior to the Date of Closing, Seller acquires actual knowledge of
<br />events or circumstances which render the representations set forth in this Section 12 inaccurate in
<br />any respect, Seller must promptly notify Buyer, in writing. Seller will indemnify Buyer, its
<br />successors and assigns, against and will hold Buyer, its successors and assigns harmless from,
<br />any expenses or damages, including reasonable attorneys fees, that Buyer incurs because of the
<br />Seller's breach of any of the above warranties; the inaccuracy of any of the above representations
<br />when made; or Seller's failure to promptly notify Buyer if, before the Date of Closing, the
<br />representations set forth above become inaccurate. The representations, warranties and
<br />indemnification set forth above survive the closing of this transaction and the execution of the
<br />Contract for Deed; provided, however, Buyer must assert any and all claims for
<br />misrepresentation ,breach of warranty or indemnification on or before the date two years from
<br />actual closing date, and Buyer will be conclusively determined to have waived any such claims
<br />not asserted within said two year time period. At closing, an authorized representative of Seller
<br />must execute and deliver to Buyer a certificate of Seller certifying that the representations
<br />contained in this Section 12 are true as of the Date of Closing or, if such representations are no
<br />longer true, describing, in detail, the reasons why the representations are no longer true (the
<br />"Date Down Certificate").
<br />13. Bu_yer's Representations and Warranties. Buyer hereby represents and
<br />warrants to Seller as follows:
<br />a. Buyer hereby represents and warrants to Buyer that (i) Buyer is a housing
<br />and redevelopment authority duly organized and validly existing pursuant to Minn. Stat.
<br />Ch. 469; (ii) Buyer has full right and authority to enter into this Agreement, subject to
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