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9 <br />(h) Certification of Warranties and Representations. By closing the purchase <br />of the Property, Buyer certifies and reaffirms that as of the Closing Date that all of Buyer’s <br />representations and warranties under this Agreement are true and correct. By closing the sale <br />of the Property, Seller certifies and reaffirms that as of the Closing Date that all of Seller’s <br />representations and warranties under this Agreement are true and correct. <br />(i) Escrow Instructions. Each of the Parties may provide Closing Agent with <br />additional closing instructions, provided that such instructions do not contradict the terms of this <br />Agreement. In absence of and/or in addition to any such instructions, the provisions of this <br />Agreement are intended by Seller and Buyer to constitute their joint closing instructions to <br />Closing Agent. Escrow instructions may be signed on behalf of Seller by Seller’s attorney or other <br />Seller authorized representative and on behalf of Buyer by Buyer’s attorney or by Buyer’s Real <br />Property Manager or designee. <br />9. SELLER’S ACTIVITIES PRIOR TO CLOSING. After the Effective Date until the closing: <br />(a) Maintenance. Except as otherwise approved by the Buyer in writing, Seller <br />shall operate and maintain the Property in accordance with Seller’s current practices, including <br />performing all necessary repairs and maintenance to preserve the Property in at least as good a <br />condition as exists on the Effective Date. <br />(b) No Alterations. Except as otherwise approved by the Buyer in writing, <br />Seller shall not alter the Property in any material manner. <br />(c) No Tenants. Seller shall not permit any tenants to occupy the Real <br />Property. <br />10. SELLER’S REPRESENTATIONS AND WARRANTIES. In addition to other <br />representations herein, Seller represents and warrants to Buyer as of the date hereof and as of <br />the date of closing that: <br />(a) Seller has full power and authority to convey the Property to Buyer <br />(b) Seller has not received notice of any special assessments or condemnation <br />proceedings affecting the Property. <br />(c) Seller is not a foreign person, non-resident alien, foreign corporation, <br />foreign partnership, foreign trust, or foreign estate, as those terms are defined in the Internal <br />Revenue Code and the Income Tax Regulations promulgated thereunder. At Closing, Seller shall <br />deliver to Buyer a certificate of non-foreign status in form required by the Income Tax Regulations <br />and reasonably acceptable to Buyer. <br />(d) Seller has received no notice of any failure of Seller to comply with <br />applicable laws and regulations relating to the Property, such as building, zoning, environmental, <br />fire, or health and safety laws and regulations. <br />(e) The Property is not subject to any leases or service contracts that will be in <br />effect after the Closing Date.