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<br /> parties. This Agreement, when executed and delivered by Seller and Buyer, and all
<br /> documents executed by Seller pursuant hereto, will constitute the valid and binding
<br /> agreement of Seller. The persons executing this Agreement on behalf of Seller have
<br /> the power and authority to bind Seller.
<br /> 9.2 Hazardous Materials. Buyer has made no investigation
<br /> concerning hazardous, dangerous or toxic substances in or on the Property other than
<br /> investigations with respect to which copies of reports thereof have been delivered to
<br /> Buyer as part of Seller's Information. To the best of Seller's knowledge, except as may
<br /> be disclosed in reports given to Buyer, (a) there has been no generation, storage,
<br /> transportation, release, deposit, spill, use, placement or disposal on, in or under the
<br /> Property or any adjacent property of any Hazardous Materials, and there is not
<br /> currently, nor has there been in the past, any proceeding or inquiry by any
<br /> governmental body with respect thereto, (b) the Property does not now, and has not in
<br /> the past, contained any underground storage tanks or hazardous building materials or
<br /> toxic substances, including, without limitation, asbestos, lead or PCBs. A "Hazardous
<br /> Material" is any hazardous or toxic substance, material or waste, including, but not
<br /> limited to, (i) those substances, materials and wastes listed in the United States
<br /> Department of Transportation Hazardous Materials Table (49'C.F.R. 172.101) or by the
<br /> United States Environmental Protection Agency as a hazardous substance (40 C.F.R.
<br /> Part 302 and amendments thereto), (ii) petroleum products and their derivatives, and
<br /> (iii) such other substances, materials and wastes as become regulated or subject to
<br /> cleanup under any local, state or federal laws or regulations.
<br /> 9.3 No Legal Violations. Except as disclosed to Buyer in writing,
<br /> Seller has not received any written notice of the existence of any current violation of any
<br /> applicable covenant, condition or restriction or any applicable statute, ordinance,
<br /> regulation, order, permit, rule or law, including, without limitation, any building, zoning or
<br /> environmental restriction or requirement concerning filling, use, construction,
<br /> maintenance, repair, replacement, operation or occupancy of the Property.
<br /> 9.4 No Binding Contracts. There are no obligations in connection
<br /> with the Property that will be binding upon Buyer after closing.
<br /> 9.5 No Default. Neither the execution and delivery of this Agreement
<br /> nor the consummation of the transaction contemplated by this Agreement, will result
<br /> (either immediately or after the passage of time and/or the giving of notice) in breach or
<br /> default by Seller under any agreement or understanding to which Seller is a party, by
<br /> which Seller may be barred fully performing its obligations under this Agreement, or by
<br /> which Seller's ability to perform hereunder may be materially impaired.
<br /> 9.6 True and Correct Copies. All of the documentation that will be
<br /> delivered by Seller to Buyer are true and correct copies or originals of such
<br /> documentation in Seller's possession, and to the best of Seller's knowledge the
<br /> information contained in such documentation is accurate. Seller shall deliver the
<br /> originals or acceptable copies of the Leases pertaining to the property to Buyer at
<br /> closing.
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