HRA AGENDA 11221988 - Laserfiche WebLink

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(e) There is no action, litigation, investigation or proceeding of any kind pending or threatened against the Property or against Owner in connection with the Property to the best of Owner's knowledge. (f) Owner is duly qualified to transact business in the State of Minnesota and has the requisite power and authority to enter into and perform this Agreement and those closing documents signed by it; such documents have been duly authorized by all necessary partnership action and have been duly executed and delivered; such execution, delivery and performance by Owner of such documents does not conflict with or result in a violation of Owner's partnership agreement, or any judgment, order, or decree of any court or arbiter to which it is a party; such documents are valid and binding obligations of Owner, and are enforceable in accordance with their terms. (g) To the best of Owner's actual knowledge, Owner has not used the Property for the storage or disposal of hazardous substances or wastes and Owner has no actual knowledge that other persons or entities have so used the Property. To the best of Owner's actual knowledge, no above ground or underground tanks are located in or on the Property. (h) Owner has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. (i) There are no leases, occupancy agreements, rental agreements or similar rights of use or occupancy affecting the Property which will remain in effect as of the Closing Date. (j) To the best of Owner's knowledge and belief, Owner is not in default concerning any of its obligations or liabilities regarding the Property. (k) Owner is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. -5-