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5 419290v2 LN140 -109 otherwise, and to any other property from and connected to the Property, except liability arising from the acts, omissions, intentional torts or negligence of De veloper, its agents or employees. 7.0. Representations by the EDA and Developer . The EDA and the Developer make the following representations as the basis for the undertaking on their part herein contained: 7.1. Representations of EDA . As an essen tial part of this Agreement and in order to induce Developer to enter into this Agreement and purchase the Property, EDA hereby represents and warrants to Developer: (a) The EDA has the power to enter into this Agreement and carry out its obligations he reunder. (b) The EDA does not know of any “wells” (within the meaning of Minnesota Statutes , Section 103I.005, Subd. 21) on the Property. This representation is intended to satisfy the requirements of Minnesota Statutes , Section 103I.235, Subd. 1(a). If wells are found to be on the Property prior to the Date of Closing, EDA shall seal such wells in accordance with State law prior to the Date of Closing. 7.2. Representations and Warranties by the Developer . The Developer represents and warrants th at: (a) The Developer has received no notice or communication from any local, State, or federal official that the activities of the Developer or the EDA on the Property may be or will be in violation of any environmental law or regulation (other than th ose notices or communications of which the EDA is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, State, or federal environmental law, regulation, or review procedure. (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by, or con flicts with or results in a breach of the terms, conditions, or provisions of any corporate or partnership restriction or any evidences of indebtedness, agreement, or instrument of whatever nature to which the Developer is now a party or by which it is bou nd, or constitutes a default under any of the foregoing. (c) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations).