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07/11/2007 17:41 FAX 952 896 3250 LARKIN HOFFMAN DALY 010/018 environmental assessment conducted by Buyer pursuant to Section 3(c)(i) and (d) herein, there has not been, to the best of. Seller's knowledge, any toxic or hazardous substances or wastes, pollutants or contaminants that have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Property. Seller is not aware of whether, and has not received any notice or indication from any governmental authority that: (i) the Property is a treatment, storage or disposal facility within the meaning of, or actions that otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ( "RCRA "), 42 U.S.C. § 6901 et seg.,,, or any similar state law or local ordinance, (ii) there has been a release or threatened release of toxic or hazardous wastes or, substances, pollutants or contaminants, from the Property within the meaning of, or actions that otherwise bring the Property within the ambit of the Comprehensive Environmental Response, Compensation and Liability Act of 1980,.42 U.S.C. § 9601.9657, as amended, or any similar state law or local ordinance, or (iii) there has been ,the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions; that would require a permit under the Federal water Pollution Control Act, 33 U.S.C. § 1251 et sect, or the Clean Air Act, 42 U.S.C. § 7401 et seq., or any similar -state law or local ordinance. To the best of Selier''s knowledge, no part of the Property is a "Wetland ", as defined by law. Seller has disclosed to Euycr all environmental reports and studies with respect to the Property which are in Seller's possession. (e) Rights of others to Purchase Property. on or about June 12, 2007, a Purchase Agreement between.. John Warren vojtech, Edward James Cmiel and the Seller was entered relative to the Property. Said previous Purchase Agreement was cancelled pursuant to that certain Cancellation of Purchase Agreement dated June 20, 2007. Seller has not entered into any other contracts tor sale of the Property, nor are there any rights of. first refusal or options to purchase the Property, and to Seller's knowledge, there are no other rights -of others that might prevent the consummation of this Agreement. (P.) Seller's Defaults. To Seller's knowledge, Seller is not in dezault concerning any of its obligations or liabilities regarding the Property. 9 -10-