condemnation, requisition or taking has been received by the Seller and no such
condemnation, requisition or taking is threatened.
(h) Seller has not knowingly released into the environment or discharged, placed or
disposed of any hazardous materials, substances, or waste or knowingly caused the
same to be released into the environment or discharged, placed or disposed of at,
on, or under the Premises. Notwithstanding the foregoing, the Seller cannot
represent to Buyer that there are no hazardous waste issues as a result of the current
activities of other unit owners. To the best of Seller’s knowledge, the Premises
complies in all material respects with all applicable federal and state environmental
laws and regulations. Seller has not received any written notice from any
governmental authority or any written complaint from any third party with respect
to its alleged non-compliance with, or potential liability under, any environmental
laws and regulations.
(i) Except as set forth in Section 3 above, there are no rights of first refusal or options
to purchase associated with the Premises.
Gj) Seller has authority to enter into this Agreement and will provide necessary
authority documents at the Closing.
These representations shall survive the Closing.
Other than the representations contained above and the proposed Quitclaim Deed, Seller
makes no representation or warranty as to fitness, merchantability, condition or use of the Premises
for any particular purpose as the Premises is sold “AS-IS”.
9. DEFAULT AND REMEDIES, In the event that Buyer defaults in the performance of its
obligations hereunder, Seller shall be entitled to retain any Deposit as reasonable liquidated
damages.
10. ACCESS TO THE PREMISES. The Seller hereby grants to the Buyer, its agents and
independent contractors, access to the Premises to undertake such activities as may be necessary
for the Buyer to exercise its rights this Agreement. The Buyer shall restore any portion of the
Premises disturbed by the Buyer in connection with such activities. Buyer, its agents and
independent contractors, shall use their best efforts to minimize the disturbances and impact on
Seller during such activities and shall indemnify and hold harmless Seller from any damages
resulting from such activities.
11. BROKERAGE. Seller and Buyer represent and warrant to each other that neither has dealt
with any real estate broker, agent or salesperson in connection with this transaction. Each party
agrees to defend, indemnify, and hold the other harmless from any claims, costs, judgments, or
liabilities of any kind advanced by persons claiming real estate brokerage fees through the
indemnified party. The indemnities set forth in this Section shall survive closing.
