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FILE No. 860 09i18 '9? 16:51 ID�TOLD DE�ELOP�1ENT 612 42Q 7574 PAGE 5 <br />4.8 Buyer shall have entered inta binding purchase agreements with the owners of <br />certain adjacent property and c:an simulcaneously close on the purchase of khe Proper�y and said adjacen& <br />parcels. <br />Sell�r shail cooperate with Buyer in accomplishing Che conditions preeedent <br />contained in this Section 4, including buC not limited to Sell�r's providing or obtaining any relevant <br />informatian, certifications or applica�ions, investigating the his�ory of the Prop��°ty, executing documenks, <br />and appearing at hearings or otherwise participating in any regul.atory <�r governmental processes. Buy�r <br />agrees to pro�vide copies �f all retevant information khat Buyer obtains ducing its inspection period other <br />than information re�arding potential �enants and users of the Property or f.inancia! or proprietary <br />information abouc Buyer. Seller shall provide copies of soil kests, compaction tests and any other <br />enginecring r�ports applicable t� devel�pmenC on the Subjeck �roper�y. <br />� ,::::► :�� • �:► <br />..5.1 Seller has n�t received (a) any written noCice from any state or local authority <br />having jurisdiction ov�r the Property of any violation of any law, tegulation, ordin�nce or code affecting <br />the Propert.y, or (b} any Written nocice of any liabilities or chreatened Iitigatio� or anticipa�ed <br />condcmnation with respect to any part of ihe Propercy. <br />5.2 To the best of Seller's knowledge (a) chere does not ex+st, in or under t.he Property, <br />�ny contaminant, pollutant, toxic, or hazardous waste, the release of disposal of which is regulaCed by <br />any law, regulation, ordinance or code, including, but not limitcd to asbes�os, PCB's, urea formaldehyde, <br />and oil products (collectively "Contaminants"), and (b) the Property has never been used fpr purposes <br />which may have been conducive to the use or disposal of' Contaminants on the Property, such as (by the <br />w�y of illustration and not by limitarion) a dump, gasoline st�tion, or any other industrial or <br />manufacturing use. <br />5.3 Seller shall indemnify and hold Buyer harmless from and against any claim, loss <br />or expense, including reasonable atcome�rs' fees, arising out of any material breach of the representations, <br />warranCies and covenants contained in this Section 6. <br />5.�1 ScUcr has no nalice or knowledge that {i) the Property has been used as a sanitary <br />landfill, dump> industrial waste disposal area, or any other similar usage; (ii) any haZardous or toxic <br />materials, as such terms are defiz�ed under applicable local, statc and federal laws and regulaeions, e�cist <br />on the surface or subsurface of the Praperty or in any surface waters or ground wakers on or under the <br />Propercy; and (iii) it is nat in compliance with a!1 applicable environmental laws, regulations, ordinances <br />and �rders relating to the Property. <br />5.5 Sellcr represenis and warrants that the Property is not sub,ject to any easements. <br />rights-of-way, lierts, tenancies, seGUrity interest. or other encumbrances of any nature whic;h will not be <br />discharged by and at the expensc of 5ellcr at or p�ior k� Closi�g, with the exception of such maCCers <br />described in chis Agreement. <br />-4- <br />