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Property nor any Hazardous Substances (defined below) located on the Property in <br />violation of applicable governmental requirements, and the Property has not been used in <br />connection with the generation, disposal, storage, treatment or transportation of <br />Hazardous Substances in violation of applicable governmental requirements. For <br />Purposes of this Agreement, the term "Hazardous Substances" includes but is not <br />limited to substances defined as "hazardous substances," "toxic substances," "hazardous <br />wastes," "pollutants" or "contaminants" under federal or Minnesota law. The term <br />"Hazardous Substance" shall also include asbestos, polychlorinated biphenyls, petroleum, <br />including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, <br />natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel (or mixtures of <br />natural gas and synthetic gas). <br />k. Seller's warranties and representations contained in this paragraph 9 shall <br />survive the delivery of the Deed, provide that any notice of a defect or claim of breach of <br />warranty must be in writing and given by Buyer to Seller within one year of the Closing <br />Date or be deemed waived. <br />1. Buyer shall have the right to have inspections of the Property conducted <br />prior- to Closing. Other than the representations made in this paragraph 9. any particular <br />purpose. <br />M. Seller knows of no wells on the Property. Seller will execute a Minnesota <br />Department of Health Well Disclosure Form. At closing. <br />n. Seller certifies that sewage generated at the Property goes to a facility <br />permitted by the Minnesota Pollution Control Agency and Seller's Disclosure of <br />Individual Sewage Treatment System is attached. <br />o. SELLER acknowledges that upon successful Closing pursuant to the terms <br />of this Agreement, Seller will have waived any appeal or claim for real estate tax or <br />assessments paid or payable as respects the Property. <br />P. SELLER will indemnify BUYER, its successors and assigns, against, and <br />will hold BUYER, its successors and assigns, harmless from, any expenses or damages, <br />including reasonable attorneys' fees, that BUYER incurs because of the breach of any of <br />the representations and warranties contained in this Paragraph 9, whether such breach is <br />discovered before or after Closing. Each of the representations and warranties herein <br />contained shall survive the Closing. Wherever herein a representation is made "to the best <br />knowledge of SELLER", such representations is limited to the actual knowledge of <br />SELLER. Except as herein expressly stated, BUYER is purchasing the Property based <br />upon its own investigation and inquiry and is not relying on any representation of <br />SELLER or other person and is agreeing to accept and purchase the Property "as is, <br />where is" subject to the conditions of examination herein set forth and the express <br />warranties herein contained. Consummation of this Agreement by BUYER with <br />knowledge of any such breach by SELLER will not constitute a waiver or release by <br />BUYER of any claims due to such breach. SELLER shall have the right to assume <br />defense of any claim asserted by a third party against BUYER for which SELLER is <br />