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h. Proceedings. There is no action, litigation, investigation, condemnation or <br /> proceeding of any kind pending or,to Seller's knowledge,threatened against <br /> Seller or any portion of the Property except as disclosed to Buyer in writing as of <br /> the date of this Agreement. <br /> i. Environmental Issues. To Seller's best knowledge,the Property does not <br /> contain any hazardous waste or materials and is in compliance with all applicable <br /> environmental laws, and Seller has obtained all permits required under the federal <br /> state and local environmental laws in connection with the Property's ownership <br /> and operation. Seller has not received,nor is aware of, any notice of any past, <br /> present, or anticipated future events, conditions, activities, investigations,plans, <br /> studies or proposals, which: (a)would interfere with or prevent compliance by <br /> Seller with any environmental law; or(b)may give rise to any common law or <br /> statutory liability or otherwise form the basis of a claim, action, suit,proceeding, <br /> investigation or hearing, involving Seller or the Property and related in any way to <br /> hazardous substances or environmental laws. To Seller's knowledge,no <br /> investigation, administrative order, consent order and agreement or litigation and <br /> settlement with respect to solid waste or hazardous materials is in existence or <br /> threatened or anticipated with respect to the Property. Seller shall indemnify and <br /> hold Buyer harmless from and defend Buyer against any and all claims for <br /> violations of the federal, state or local environmental laws (including without <br /> limitation, claims arising out of any discharge of hazardous wastes)that occurred <br /> prior to the Closing. This indemnification shall include the right of the Buyer to <br /> recover and be paid any and all legal fees and costs incurred by Buyer(whether or <br /> not an action was started) in enforcing this indemnification or otherwise incurred <br /> as a result of Seller's breach. This duty of indemnification shall survive the <br /> Closing. <br /> j. Methamphetamine Disclosure. Seller is not aware of any methamphetamine <br /> production that has occurred on the Property. <br /> k. Authorization. Seller has the requisite power and authority to enter into this <br /> Agreement and the Seller's Closing Documents signed by Seller. Seller's <br /> execution, delivery and performance of this Agreement and Seller's Closing <br /> Documents does not conflict with or result in violation of any contract or <br /> agreement, or any judgment, order or decree of any court or arbiter to which <br /> Seller is a party. This Agreement and Seller's Closing Documents are Seller's <br /> valid and binding obligations, and are enforceable in accordance with their terms. <br /> Except as specifically provided in this Agreement, Seller makes no other express or <br /> implied warranties or representations of any kind regarding the Property, including without <br /> limitation,the Property's condition,merchantability or fitness for a particular purpose. Seller <br /> will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and <br /> assigns, harmless from, any expenses or damages, including reasonable attorneys' fees,that <br /> Buyer incurs because of the breach of any of the above representations and warranties,whether <br /> such breach is discovered before or after Closing. Each of the representations and warranties <br /> contained in this Agreement shall survive the Closing and delivery of the Deed. Consummation <br /> 9 <br />