Agenda - Economic Development Authority - 08/10/2023

Home

iv. Non -Foreign Status. Seller is not a "foreign person" within the meaning of Paragraph 1445(f)(3) of the Internal Revenue Code of 1986, as amended. v. Other Documents. Neither the execution or delivery of this Purchase Agreement nor the consummation of the transactions contemplated hereby will result in any breach or violation of, or default under, any judgment, decree, order, mortgage, lease, agreement, indenture or other instrument or document of which Seller is a party or by which the Property is bound. vi. Condemnation. To the best of Seller's knowledge, there are no condemnation proceedings which are pending or threatened against all or any portion of the Property. vii. Wells. The Seller has no knowledge of wells located on the Property. viii. Options. Seller has not entered into any contract of sale, or granted any options or rights of first refusal to acquire any interest in the Real Property. ix. Unpaid Labor and Materials. Seller represents and warrants that Seller is not indebted for labor or material that might give rise to the filing of notice of mechanic's lien against the Property. x. Leases. There are no leases affecting the Property. Each of the foregoing representations shall be deemed remade as of the Closing Date (with such changes thereto as Seller shall notify Buyer as of the closing) and, as so remade, shall survive the closing, delivery of the deed and other documents contemplated hereby, and any investigation by or on behalf of either party; provided that such representations shall lapse unless suit is brought with respect thereto within one (1) year after closing. b. Buyer has had an adequate opportunity to inspect the condition of the Property, including without limitation any environmental testing, and to inspect documents applicable thereto; and c. The condition of the Property is fit for Buyer's intended use. d. Buyer accepts all risk of Claims (including without limitation all Claims under any Environmental Law and all Claims arising at common law, in equity or under a federal, state or local statute, rule or regulation) whether past, present or future, existing or contingent, known or unknown, arising out of, resulting from or relating to the condition of the Property, known or unknown, contemplated or uncontemplated, suspected or unsuspected, including without limitation the -5- Error! Unknown document property name.