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l6. AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file
<br />any additional agreements, consents or other documents reasonably necessary to effect the full and
<br />complete settlement and purchase of the Improvements and the Tenancy Interest.
<br />17. AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and warrant
<br />that the persons executing this Agreement are duly authorized to do so and to act on behalf of
<br />Tenant -Seller and Buyer respectively.
<br />18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement
<br />of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an
<br />admission by Buyer for any purpose of liability or as to value of any property or claim.
<br />19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases
<br />contained herein and agreement concerning this transaction, all the rights and obligations created
<br />under and pursuant to this Agreement shall survive the execution of the Agreement, the releases
<br />contained herein and the Closing of this transaction.
<br />20. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT -
<br />SELLER. Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that:
<br />A. To the best of Tenant -Seller's knowledge, there are no actions, suits, material
<br />claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy
<br />Interest or any portion thereof, at law or in equity, before any court or governmental agency.
<br />B. Until the Closing, Tenant -Seller shall maintain the Improvements and the
<br />Premises in good condition and state of repair and maintenance, and shall perform all of its
<br />obligations under any service contracts or other contracts affecting the Improvements and the
<br />Premises.
<br />C. Until the Closing, Tenant -Seller shall not do anything which would impair
<br />Tenant -Seller's title to the Improvements or the Tenancy Interest.
<br />D. All utilities including gas, electricity, water, sewage, and telephone, are
<br />available to the Premises, and to the best of Tenant -Seller's knowledge, all such items are in good
<br />working order.
<br />E. To the best of Tenant -Seller's knowledge, neither the execution of this
<br />Agreement nor the performance of the obligations herein will conflict with, or violate any of the
<br />provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or
<br />instrument to which Tenant -Seller, the Premises, the hnprovements or the Tenancy Interest may be
<br />subject.
<br />F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition
<br />which would cause any of the warranties and representations in this Paragraph 20 not to be true as
<br />of Closing, immediately give written notice of such fact or condition to Buyer.
<br />21. HAZARDOUS WASTE. Neither Tenant -Seller nor, to the best of Tenant -Seller's
<br />knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used,
<br />generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or
<br />related materials ("Hazardous Materials") on, under, in, or about the Property or the Premises, or
<br />25K-9
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