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(5) <br />Seller has not transported, or caused to be transported, any Hazardous <br />Substances to or from the Property. <br />(6) Seller has not received and is not aware of any notification from any federal, <br />state, county or city agency or authority relating to Hazardous Substances on or <br />in the Property. <br />(7) <br />To the best of Seller's knowledge, no underground or aboveground storage <br />tanks have ever been or are located under or on the Property. <br />b. Seller's Indemnity. Seller shall indemnify and hold harmless Purchaser, its successors <br />and assigns from and against any and all liability arising from any and all claims, <br />demands, litigation or governmental action involving any of the following: <br />(1) Any breach of the representations, warranties and covenants in this Agreement. <br />(2) The presence of Hazardous Substances on or in the Property. <br />Without limiting the generality of the foregoing, this indemnification shall specifically <br />cover fines, penalties, sums paid in settlement of claims or litigation, fees for attorneys, <br />consultants and experts (to be selected by Purchaser) and costs for investigation, clean- <br />up, testing, removal and restoration. <br />11. Seller's Warranties. Seller covenants and makes the following warranties to Purchaser: <br />a. That all plumbing electrical, mechanical and HVAC systems serving the real Property <br />and its improvement shall be in proper working order as of the date of closing. <br />b. That Seller has received no notice of violations relating to the Property from any city, <br />state or other governmental agency or authority and believes that Property to be in <br />compliance with the Uniform Fire Code. <br />c. There are no unrecorded interests in or rights to possession of the Property except the <br />rights of tenants in possession as tenants only. <br />d. That all leases, service, supply, management or commission agreements and any <br />agreements with tenants or third parties regarding the Property, including a written <br />summary of any such oral agreements, has been or will be provided to Purchaser within <br />five (5) days after full execution of this Purchase Agreement. <br />e. That all permit and licensing fees due and payable prior to the date of closing shall have <br />been paid to said date. <br />Page 4 of 11 <br />Page 37 <br />