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has the legal power, right and actual authority to bind Seller to the terms and conditions <br /> of this Agreement. <br /> (e) Litigation. To Seller's knowledge there are no actions, suits, <br /> litigation or proceedings pending or, threatened, which affect the Property or affect the <br /> right,power or authority of Seller to enter into and perform this Agreement in accordance <br /> with its terms, or the validity or enforceability of this Agreement or of any action taken <br /> by Seller under this Agreement, in any court or before any governmental authority, <br /> domestic or foreign. <br /> (f) No Violation. The execution of and entry into this Agreement,the <br /> execution and delivery of the documents and instruments to be executed and delivered by <br /> Seller on or prior to the Closing Date, and the performance by Seller of Seller's duties <br /> and obligations under this Agreement, are not in violation of any contract, agreement or <br /> other instrument to which Seller is a party, any judicial order or judgment of any nature <br /> by which Seller is bound. <br /> (g) Non-foreign Person. Seller is not a "foreign person" as that term <br /> is defined in Section 1445(f) of the Internal Revenue Code of 1986 and the regulations <br /> issued thereby. <br /> (h) Eminent Domain. To Seller's actual knowledge, there are no <br /> pending or threatened eminent domain or condemnation actions pertaining to the Property <br /> or any portion thereof, except with respect to the Buyer, which is buying the Property <br /> under the imminent threat of condemnation as set forth in the Resolution. <br /> (i) Assessments. To the knowledge of Seller, no special assessments <br /> (other than those disclosed in the Preliminary Commitment) have been levied against the <br /> Property, and Seller has received no written notice of any currently pending or proposed <br /> assessments against the Property. <br /> At Closing if requested by Buyer, Seller shall deliver a certificate to Buyer dated <br /> as of the Closing Date and certifying as to the truth and accuracy of each of the <br /> representations and warranties contained in this Section or the manner in which any such <br /> representation or warranty is untrue or inaccurate in any material respect (the "Closing <br /> Certificate"). <br /> 8.3 Buyer's Representations. Buyer represents and warrants to Seller as of <br /> the Closing Date as follows: <br /> (a) Status. Buyer is a Washington municipal corporation. <br /> 11 <br />