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11.01 Warranties and Representations. In addition to any other representation or
<br />warranty contained in this Agreement, Seller hereby represents, warrants, covenants, and agrees
<br />as follows:
<br />(a) Seller has not received any notice or notices, either orally or in writing, from any
<br />municipal, county, state or any other governmental agency or body, of any zoning,
<br />fire, health, environmental or building violation, or violation of any laws, ordinances,
<br />statutes or regulations relating to pollution or environmental standards, which have
<br />not heretofore been corrected;
<br />(b) The execution, delivery and performance of this Agreement, and the
<br />consummation of the transaction contemplated hereby, will not result in any breach
<br />of, or constitute any default under, or result in the imposition of any lien or
<br />encumbrance against, the Property, under any agreement or other instrument to
<br />which Seller is a party or by which Seller or the Property might be bound;
<br />(c) Seller has not received any notice, either orally or in writing, of any change
<br />contemplated in any applicable laws, ordinances or restrictions, or any judicial or
<br />administrative action, or any action by adjacent landowners, which would prevent,
<br />limit or in any manner interfere with the proposed use of the Property;
<br />(g)
<br />Seller has no knowledge of any fact or condition which would result in the
<br />termination or limitation of the existing pedestrian and/or vehicular access to the
<br />Property from abutting public roads;
<br />No other person or entity other than Seller currently owns or has any legal or
<br />equitable interest in the Property, and no other person or entity other than Buyer
<br />has or will have any right to acquire the Property, or any portion thereof;
<br />All taxes payable with respect to the operation, ownership or control of the Property
<br />which are allocable to the period ending on the Closing Date, and all prior periods,
<br />shall be or have been paid by Seller, and Seller shall be responsible for the timely
<br />filing of all returns or other documents required by any taxing authority claiming
<br />jurisdiction with respect to any such taxes;
<br />The execution, delivery and performance by Seller of this Agreement and the
<br />performance by Seller of the transactions contemplated hereunder, and the
<br />conveyance and delivery by Seller to Buyer of possession and title to the Property
<br />have each been duly authorized by such persons or authorities as may be
<br />required, and on the Closing Date, Seller shall provide Buyer and Escrow Agent
<br />with certified resolutions, or other instruments, in form satisfactory to Buyer,
<br />evidencing such authorization;
<br />(h) Through and until the Closing Date and with the exception of the ECR, Seller shall
<br />not enter into any covenant, restriction, encumbrance, right of lien, easement,
<br />lease or other contract pertaining to the Property;
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