Laserfiche WebLink
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 />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 />Methamnhetamine 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 />