2022.03.07 CC Packet - Laserfiche WebLink

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(g) To Seller’s knowledge, the Property has not been used for any disposal, storage, treatment, processing or other handling of, and there is otherwise no presence on the Property of, any Hazardous Materials in violation of Environmental Laws (hereinafter defined). As used herein, the term “Hazardous Material” shall mean any hazardous or toxic waste, substance or material in any composition or quantity (i) which violates any standards, guidelines, limitations or requirements arising under any federal, state or local law pertaining to environmental protection or established by any governmental authority (“Environmental Laws”), or (ii) which is customarily remediated, or recommended to be remediated, under prevailing standards in the environmental engineering industry; (h) To Seller’s knowledge there are no easements or rights-of-way affecting any or all of the Property, except as shown on the Title Commitment and/or the Survey; (i) To Seller’s knowledge, all installation and connection fees and charges for all utilities servicing the Property, including, without limitation, electricity, gas, water, sewer, and telephone have been paid in full; (j) Seller has no knowledge of any fact, condition, or action, presently contemplated, or threatened, which would or may result in the termination or impairment of access to and from the Property as such access presently exists, and to Seller’s knowledge, Seller is not in violation of any easements, rights-of-way, conditions, covenants and restrictions, licenses or other agreements burdening the Property; (k) As of Closing, no persons or entities other than Buyer shall have any right to possession or use of the Property by, through or under Seller for any reason whatsoever, except for those rights of tenants conferred pursuant to the Assumed Leases; (l) Other than those agreements disclosed to Buyer in writing pursuant to Section 3(a), Seller has no knowledge of any service or other contracts, agreements or equipment leases relating to the operation, maintenance, service, repair or management of the Property; (m) To Seller’s knowledge, at the Effective Date hereof and as of the Closing Date, all wiring, plumbing, and other mechanical equipment and systems used in connection with or located on the Property is in proper working order and condition.