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regarding the Property during the Executory Period that are not terminable on or before the
<br />Possession Date, without the written consent of Buyer, which consent may be withheld by Buyer
<br />at its sole discretion.
<br />8. Representations and Warranties by Seller. Seller, to the best of their knowledge,
<br />represents and warrants to Buyer as follows:
<br />(a)
<br />Title to Property. Seller owns the Property, free and clear of all encumbrances
<br />except the Permitted Encumbrances identified on Exhibit B attached hereto (the
<br />"Permitted Encumbrances")
<br />(b) Utilities, Seller has received no notice of actual or threatened reduction or
<br />curtailment of any utility service now supplied to the Real Property.
<br />(0)
<br />Environmental Laws. No toxic or hazardous substances or wastes, pollutants or
<br />contaminants (including, without limitation, asbestos, urea formaldehyde, the
<br />group of organic compounds known as polycholorinated biphenyls, petroleum
<br />products including gasoline, fuel oil, crude oil and various constituents of such
<br />products, and any hazardous substance as defined in the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),
<br />42 U.S.C. § 9601-9657, as amended) have been generated, treated, stored,
<br />released or disposed of, or otherwise placed, deposited in or located on the
<br />Property, nor has any activity been undertaken on the Property that would cause or
<br />contribute to (i) the Property to become a treatment, storage or disposal facility
<br />within the meaning of, or otherwise bring the Property within the ambit of, the
<br />Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. § 6901 et
<br />seq., or any similar state law or local ordinance, (ii) a release or threatened release
<br />of toxic or hazardous wastes or substances, pollutants or contaminants, from the
<br />Property within the meaning of, or otherwise bring the Property within the ambit
<br />of, CERCLA, or any similar state law or local ordinance, or (iii) the discharge of
<br />pollutants or effluents into any water source or system, the dredging or filling of
<br />any waters or the discharge into the air of any emissions, that would require a
<br />permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq,,
<br />or the Clean Air Act, 42 U.S.C. § 7401 et seq., or any similar state law or local
<br />ordinance. There are no substances or conditions in or on the Property that may
<br />support a claim or cause of action under RCRA, CERCLA or any other federal,
<br />state or local environmental statutes, regulations, ordinances or other
<br />environmental regulatory requirements, including without limitation, the
<br />Minnesota Environmental Response and Liability Act, Minn. Stat. 115B
<br />("MERLA") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat.
<br />115C. No part of the Property is a "Wetland", as defined by law. Seller has
<br />disclosed to Buyer all environmental reports and studies with respect to the
<br />Property which are in Seller's possession.
<br />(d) Rights of Others to Purchase Property, Seller has not entered into any other
<br />
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