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conditions exist in or on the Property that may support a claim or cause of action <br />under RCRA, CERCLA or any other federal, state or local environmental statutes, <br />regulations, ordinances or other environmental regulatory requirements, including <br />without limitation, the Minnesota Environmental Response and Liability Act, <br />Minn. Stat. 115B ("MERLA") and the Minnesota Petroleum Tank Release <br />Cleanup Act, Minn. Stat. 115C. To Seller's knowledge, no aboveground or <br />underground tanks, are located in or about the Property, or have been located <br />under, in or about the Property and have subsequently been removed or filled. <br />c. Environmental Claims. There is no Environmental Claim pending or, to the <br />knowledge of the Seller, threatened against the Seller or against any person whose <br />liability for such Environmental Claim the Seller has retained or assumed by <br />contract, license use agreement, lease, warranty or guarantee, or any applicable <br />law. "Environmental Claim" means any written notice by a Government <br />Authority alleging potential liability (including potential liability for investigatory <br />cost, cleanup cost, governmental response cost, natural resources damage, <br />property damage, personal injury or penalty) arising out of or resulting from <br />directly or indirectly, (a) the presence, or release into the environment, of any <br />material or form of energy at any location, whether or not owned by the Seller, or <br />b.) circumstances forming the basis of any violation, or alleged violation, of any <br />Environmental Law. <br />d. Water Wells. To the best of Seller's knowledge, no water wells exist on or under <br />the Property or have existed on or under the Property. <br />e. Rights of Others to Purchase Property. Seller has not entered into any other <br />contracts for the sale of the Real Property, which remain in effect as of the date of <br />this Agreement, nor are there any rights of first refusal or options to purchase the <br />Real Property or any other rights of others that might prevent the consummation <br />of this Agreement. <br />f. FIRPTA. Seller is not a "foreign person", "foreign partnership", "foreign trust" <br />or "foreign estate" as those terms are defined in Section 1445 of the Internal <br />Revenue Code. <br />g. <br />Proceedings. There is no action, litigation, investigation, condemnation or <br />proceeding of any kind pending or to the best knowledge of Seller, threatened <br />against Seller or any portion of the Real Property that would affect Seller's ability <br />to perform its obligations under this Agreement. <br />h. Assessments. Seller has received no notices from any governmental entity <br />regarding assessments or planned improvements that may result in assessments to <br />the Property. <br />8 <br />