Agenda - Council - 05/12/2009 - Laserfiche WebLink

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h. SELLER warrants that there is a right of access to the Property from a public right of way. This warranty shall survive the delivery of the deed or contract for deed. That there are not now, nor have there ever been underground or above ground storage tanks of any size or type located on the Property nor any Hazardous Substances (defined below) located on the Property in violation of applicable governmental requirements, and the Property has not been used in connection with- the generation, disposal, storage, treatment or transportation of Hazardous Substances in violation of applicable governmental requirements. For purposes of this Agreement, the term "Hazardous Substances" includes but is not limited to substances defined as "hazardous substances," "toxic substances," "hazardous wastes," "pollutants" or "contaminants" under federal or Minnesota law. The term "Hazardous Substance" shall also include asbestos, polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, .natural gas, natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas). j. BUYER shall have the right to have inspections of the Property conducted prior to Closing. k. There are no above or below ground fuel storage tanks on the Property. 1. There are no water wells on the Property. m. SELLER acknowledges that upon successful Closing pursuant to the terms of this Agreement, SELLER will have waived any appeal or claim for real estate tax or assessments paid or payable as respects the Property. n. SELLER'S INDEMNITY. SELLER will. indemnify BUYER, its successors and assigns, against; and will hold BUYER, its successors and assign, harmless from, any expenses or damages, including reasonable attorneys' fees; that BUYER incurs because of the breach of any of the representations and warranties contained in this Paragraph 9., whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing. Wherever herein a representation is made "to .the best knowledge of SELLER", such representations is limited to the actual knowledge of SELLER. Except as herein. expressly stated, BUYER is purchasing the Property based upon its own investigation and inquiry and is not relying on any representation of SELLER or other person and is agreeing- to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express warranties herein contained. Consummation of this Agreement by BUYER with knowledge 4 _S2_