Laserfiche WebLink
(as defined below); (c) there are no underground tanks on the Property; (d) no <br />use of or operations on the Property have occurred which use or operation has <br />violated any applicable environmental law; and (e) the Property is not on any <br />"Superfund" list under any applicable environmental law. As used herein, <br />"environmental law" shall mean any and all present federal, state or local laws <br />(whether common law, statute, rule, regulation or otherwise), permits, orders and <br />any other requirements of Governmental Authorities relating to the environment <br />to any "hazardous materials" (as defined below) (including without limitation <br />the Comprehensive Environmental Response, Compensation and Liability Act <br />of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the <br />applicable provisions of the California Health and Safety Code and California <br />Water Code). As used herein, "hazardous materials" shall mean any <br />(a) chemical, compound, material, mixture or substance that is now defined or <br />listed in, or otherwise classified pursuant to any environmental law as a <br />"hazardous substance," "hazardous material," "hazardous waste," <br />"extremely hazardous waste," "infectious waste," "toxic waste," "toxic <br />pollutant" or any other formulation intended to define, list or classify substances <br />by reason of deleterious properties or effect and (b) petroleum, petroleum by- <br />products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas <br />usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal <br />solid waste steam, drilling fluids, produced waters and other wastes associated <br />with the exploration, development and production of crude oil, natural gas or <br />geothermal resources. <br />6.1.7 No Assumed Obligations. There are no <br />obligations or responsibilities of Seller with respect to the Property or otherwise <br />of any kind that are assumed by Buyer. <br />6.1.8 Endangered Species. To the best of Seller's <br />knowledge, (a) there are no endangered or threatened species of animals, plants <br />or insects on the Property, and (b) there are no environmental or biological <br />characteristics of the Property or adjacent property, which under existing law <br />will adversely affect Buyer's ability to own, develop and/or market the Property <br />or the cost thereof. <br />6.1.9 Ownership of Property. Seller is the sole and only <br />party that owns or holds any interest in the Property. <br />6.1.10 Property Documents. To the best of Seller's <br />knowledge, the Property Documents and all other documents and information <br />provided by Seller or its agents or consultants to Buyer are complete, true and <br />accurate and do not omit any material fact, and there are no other documents, <br />materials, studies, surveys or other information in the possession or control of <br />Seller that would have a material and adverse effect on Buyer's ability to own, <br />develop and/or market the Property. <br />-10- <br />