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Seller's knowledge,there are no condemnation or eminent domain proceedings <br /> pending or threatened with respect to the Property. <br /> 6.1.4 Binding Agreement. This Agreement constitutes <br /> a legal, valid and binding obligation of Seller enforceable against Seller in <br /> accordance with its terms, except to the extent that such enforcement may be <br /> limited by applicable bankruptcy, insolvency,moratorium and other principles <br /> relating to or limiting the rights of contracting parties generally. <br /> 6.1.5 Violations of Law. On the Effective Date and <br /> Close of Escrow,neither this Agreement nor the Property shall be in violation <br /> of any law,ordinance,rule regulation,or administrative or judicial order. <br /> 6.1.6 Hazardous Materials. Seller has not stored or <br /> released, caused to be stored or released or approved the storage or release on <br /> the Property, of any"hazardous materials"(as defined below). To the best of <br /> Seller's knowledge, (a)no prior owner of the Property has stored or caused to <br /> be stored any hazardous materials on the Property; (b)no hazardous materials <br /> now exist in, on or under the Property in violation of any"environmental law" <br /> (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 /> -10- <br />