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<br />(g) Seller has no knowledge of any pending special assessments, improvement
<br />districts or condemnation actions except as may be shown on the preliminary commitment.
<br />(h) To the best of Seller’s knowledge, the Property is in compliance in all
<br />material respects with all applicable zoning, land-use and building regulations.
<br />(i) To the best of Seller’s knowledge, there is no litigation pending or
<br />threatened against Seller with respect to the Property.
<br />(j) Seller has received no written notice of any attachments, execution
<br />proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or
<br />other proceedings pending or threatened against Seller, nor are any contemplated by Seller .
<br />(k) Seller has no actual knowledge of the release or presence of Hazardous
<br />Materials on, in, from or onto the Real Property.
<br />(l) To the best of Seller’s knowledge, no underground tanks used for the
<br />storage of any Hazardous Materials (including without limitation fuel oil) are present or were at
<br />any time present on the Property.
<br />All of the representations and warranties of Seller contained herein shall survive the Closing Date.
<br />“Hazardous Materials” means any waste, pollutant, contaminant, chemical, petroleum product,
<br />pesticide, fertilizer, substance, or material that is defined, classified, or designated as hazardous,
<br />toxic, radioactive, dangerous, or other comparable term or category under any Environmental
<br />Laws (as defined below), including, but not limited to, gasoline, oil or any byproducts or fractions
<br />thereof, polychlorinated biphenyls, per- and polyfluoroalkyl substances, asbestos, paints,
<br />solvents, lead, cyanide, radioactive material, or any other materials which have adverse effects
<br />on the environment or the health and safety of persons.
<br />“Environmental Laws” means all federal, state, and local laws, statutes, rules, regulations,
<br />ordinances, and codes, and any judicial or administrative interpretation thereof or requirement
<br />thereunder, now or hereafter in effect, relating, to the regulation or protection of human health,
<br />safety, the environment and natural resources, including without limitation, the Comprehensive
<br />Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.), the
<br />Hazardous Substances Transportation Act (49 U.S.C. §§ 5101 et seq.), the Clean Air Act (42 U.S.C.
<br />§§ 7401 et seq.), the Clean Water Act (33 U.S.C. §§ 1251 et seq.), the Solid Waste Disposal Act
<br />(42 U.S.C. §§ 6901 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et
<br />seq.), the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), the Emergency Planning and
<br />Community Right-To-Know Act (42 U.S.C. §§ 11001 et seq.), and any similar or comparable state
<br />or local laws, including without limitation, the Model Toxics Control Act (Chapter 70A.030 RCW,
<br />formerly codified at Chapter 70.105D RCW) and the Hazardous Waste Management Act (Chapter
<br />70A.029 RCW, formerly codified at Chapter 70.105 RCW).
<br />11. CASUALTY LOSS/EMINENT DOMAIN. Risk of physical loss to the Property shall be
<br />borne by Seller prior to the Closing Date and by Buyer thereafter. Seller shall immediately give
<br />notice to Buyer: (i) after the occurrence of any event causing material damage to the Property or
<br />any portion of the Property or (ii) after the receipt by Seller of any notice of eminent domain
<br />proceedings with respect to the Property or any portion of the Property. Buyer may, by delivery
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