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Draft 11.3.2023 <br /> <br />6 <br />DOCSOPEN\MU205\62\913096.v4-11/5/23 <br />View sewer and water. <br /> <br />F. Seller’s Authority. Seller warrants that Seller is the owner of the Property, that <br />Seller has full authority to enter into this Agreement for the sale of the Property, <br />and that there are no other parties who hold any unrecorded interests in the Property. <br /> <br />G. Authority of Seller’s Signatories. The signatories to this Agreement represent and <br />warrant that they are the Seller or they are the representatives of the Seller and that <br />they have the authority to enter into this Agreement on Seller’s behalf. <br /> <br />H. Personal Property and Fixtures. Buyer grants Seller’s permission to remove any <br />and all personal property and fixtures prior to closing. <br /> <br />I. Survey. Within ten (10) days after the date hereof, Seller shall deliver to Buyer <br />copies of any survey relative to the Property which Seller has in their possession or <br />subject to their control. <br /> <br />J. Tenants/Leases. Seller warrants that there are or will be no leases affecting the <br />Property nor any tenants present or occupying at the Property. <br /> <br />14. ENVIRONMENTAL INVESTIGATION AND WARRANTY: <br /> <br />A. Seller agrees to permit the Buyer to enter the Property for purposes of conducting <br />environmental testing, at the Buyer’s expense. <br /> <br />B. Seller agrees to cooperate with Buyer and its consultants in conducting the <br />environmental evaluations and specifically agrees to provide the Buyer with copies <br />of all environmental studies, soil borings, tests, reports and other documents related <br />to the Property and in Seller’s possession or control. <br /> <br />C. Seller agrees that, if the Buyer’s environmental investigation discloses the <br />existence of any petroleum product or other pollutant, contaminant or hazardous <br />substance on the Property which requires remediation under state or federal <br />environmental laws or regulations, Seller: (i) at its expense, will perform the <br />remediation to the satisfaction of the Minnesota Pollution Control Agency or other <br />applicable regulatory authority, or (ii) if in Seller’s judgment the Property can be <br />more economically remediated without any improvements being located on the <br />Property, terminate this Agreement. If remediation is undertaken but not completed <br />prior to the date of closing, the Buyer may at its option (i) declare this Agreement <br />null and void or (ii) proceed to closing and execute an agreement for <br />remediation/indemnification and security (Remediation and Indemnification <br />Agreement) as the Buyer may require. <br /> <br />D. Seller hereby warrants to Buyer that during the time the Seller has owned the <br />Property there have been no acts or occurrences upon the Property that have caused <br />or could cause impurities in the subsoil or ground water of the Property or other