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Material at, on, under, or from the Property in violation of Environmental
Law; or (b) the Property does not contain, and has never contained, any
underground storage tank, septic tank, sump, landfill, or disposal area (other
than customary residential and commercial trash pickup areas), or the
presence of any Hazardous Material in violation of Environmental Law or
requiring notification, investigation or any other type of response under
Environmental Law.
(7) _ To the best of EDA鈥檚 knowledge, there is no judicial or administrative
action, action by adjacent landowners, or any fact or condition relating to
the Property, which would adversely affect, prevent, or limit use of the
Property as a parking garage and retail commercial space.
(8) To the best of EDA鈥檚 knowledge, there are no oral agreements affecting the
Property.
(9) To the best of EDA鈥檚 knowledge, there are no agreements, other than the
Right of Repurchase and the Development Agreement, with any other
person for the sale or other conveyance of the Property, including any option
or right of first refusal or right of first offer.
The foregoing representations and warranties in Section 4.5 shall also be made by EDA as
of the Closing Date (rather than as of the Effective Date) in a Closing Certificate to be signed by
EDA and delivered at the Closing (subject to any change of facts permitted in Section 4.5(b)
below) and shall survive the Closing for a period of one (1) year.
(b) Ifa party鈥檚 representations and warranties set forth herein are not true and correct
in any material respect when made as of the Effective Date, then such breach of representation
4024-8886-8988, v. 12
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