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chemicals, wastes, or substances, petroleum or petroleum products,
<br />asbestos, pesticides, agricultural chemicals, or PCB, as defined in the
<br />Federal Comprehensive Environmental Response Compensation and
<br />Liability Act of 1980 ("CERCLA"), or the Federal Resource Conservation
<br />and Recovery Act of 1976 ("RCRA"), or the Minnesota Environmental
<br />Response and Liability Act, Minn. Stat. Ch. II 5A ("MERLA"), or any
<br />other federal, state or local environmental laws, common law, statutes,
<br />regulations, requirements, and ordinances ("Hazardous Materials"); (ii)
<br />that to the best of City's knowledge, there has been no investigations or
<br />reports involving City or the Property by any governmental authority
<br />which in any way pertain to Hazardous Materials; (iii) that to the best of
<br />City's knowledge, the operation of the Property has not violated and is not
<br />currently violating any federal, state or local law, regulation, ordinance, or
<br />requirement governing Hazardous Materials; (iv) that to the best of City's
<br />knowledge, the Property is not listed in the United States Environmental
<br />Protection Agency's national Priorities List of Hazardous Waste Sites nor
<br />any other list, schedule, log, inventory, or record of Hazardous Materials
<br />or hazardous waste sites, whether maintained by the United States
<br />Government or any state or local agency; (v) that to the best of City's
<br />knowledge, the improvements, if any, do not contain any formaldehyde,
<br />urea, or asbestos, except as may have been disclosed in writing to the
<br />Buyer by City at the time of execution and delivery of this Agreement;
<br />(vi) that City agrees to indemnify and reimburse Buyer for any breach of
<br />these representations and warranties for any loss, damage, expense, or cost
<br />arising out of or incurred by Buyer which is the result of a breach of,
<br />misstatement of, or misrepresentation of the above covenants,
<br />representations and warranties, together with all attorneys' fees,
<br />consultants' fees, engineering fees, and costs incurred in connection with
<br />the defense of any action against Buyer arising out of the above; and (vii)
<br />that these covenants, representations, and warranties shall be deemed
<br />continuing covenants, representations, and warranties for the benefit of
<br />Buyer, and any heirs, successors, and assigns or Buyer, and shall survive
<br />the Closing and delivery of the Warranty Deed.
<br />h) That to the best of City's knowledge, there are no soil compaction or
<br />subsurface conditions that would interfere with the ability of the Property
<br />to support buildings as proposed by Buyer.
<br />i) That to the best of City's knowledge, the Property is not in a designated
<br />wetland, flood plain or flood insurance area, including, without limitation,
<br />any area determined by the Department of Housing and Urban
<br />Development to be in a flood zone under the Federal Floor Protection Act
<br />of 1973.
<br />j)
<br />That as of the Closing Date all utilities, including, without limitation,
<br />water, waste removal systems, electricity, gas and telephone, will be
<br />available to the Property in sufficient quantity to adequately service the
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