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harmless and defend the City from all claims of contractors, including but not limited to
<br />mechanics liens.
<br />19. Remedies/Termination: If Buyer defaults under this Agreement, Seller shall have
<br />the right to terminate this Agreement in accordance with the applicable Minnesota Statues. If
<br />Buyer fails to cure such default within the statutory cure period, this Agreement will terminate,
<br />and upon such termination Seller may retain the Earnest Money as liquidated damages, time
<br />being of the essence of all provisions this Agreement. Notwithstanding the foregoing, Seller
<br />shall have all rights a law or equity to correct, enjoin or remedy any breach hereof. The
<br />provisions of this agreement shall survive any statutory cancellation to the full extent necessary
<br />to protect Seller's interests. If Seller defaults under this Agreement, Buyer shall have the right to
<br />return of its Earnest Money.
<br />20. Representations and Warranties of Seller. Seller hereby represents and warrants
<br />to Buyer, as follows:
<br />(A) Hazardous Substances. That, to the best of their knowledge, no hazardous
<br />substances, as that term is defined herein, are located in, under or upon the Real Property
<br />and the Real Property has not been used for the generation, disposal, release,
<br />transportation or production of any Hazardous Substances. The Real Property has been
<br />used for farming purposes and farm chemicals, including fertilizers and pesticides, have
<br />been used on the Real Property in accordance with the manufacturer's specifications.
<br />The term "Hazardous Substances" shall mean all substances, wastes,
<br />contaminants, pollutants and materials defined or designated as hazardous, extremely or
<br />imminently hazardous, dangerous or toxic pursuant to (i) any applicable statute, code,
<br />ordinance, rule, regulation, or policy of any local or state governmental authority within
<br />the State of Minnesota; (ii) Sections 307 and 311 of the Clean Water Act, as amended, 33
<br />U.S.C. ee 1317, 132; (iii) Section 1004 of the Resource Conservation and Recovery Act,
<br />as amended, 42 U.S.C. 7412; (iv) Section 101 of the Comprehensive Environmental
<br />Response and Liability Act, as amended, 42 U.S.C. 9601; (v) Section 112 of the Clean
<br />Air Act, as amended, 42 U.S.C. 7412; (vi) Section 7 of the Toxic Substances Control Act,
<br />as amended, 15 U.S.C. 2606; (vii) Sections 103 and 104 of the Hazardous Materials
<br />Transportation Act, as amended, 49 U.S.C. 1802, 1803, or (viii) regulations promulgated
<br />pursuant to any of the foregoing, and includes all substances, wastes, contaminants,
<br />pollutants, and materials defined, . designated or identified as, or containing,
<br />polychlorinated biphenyl's ("PCBs"), asbestos, or petroleum.
<br />(B) Authori . The City has fee simple title to the Real Property. The City
<br />has not entered into any other contract for the option, sale or other conveyance or transfer
<br />of any right, title or interest in the Real Property. There are no unrecorded interests in the
<br />Real Property and no tenants on the Real Property, other than as disclosed herein:
<br />(C) No o Pending Proceedings. There is no litigation, arbitration or other legal
<br />proceeding threatened or pending with respect to the Real Property. Seller has received
<br />no notice that the Real Property is in non-compliance with any applicable governmental
<br />law, ordinance, rule or regulation. Seller has received no notice of any proposed or
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