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Seller represents. warrants and covenants unto Purchaser and agrees with Purchaser as <br />follows: <br />(a) Seller has no notice or knowledge of any pending lawsuits, anv pending <br />condemnation or eminent domain proceedings with respect to the Property. <br />(b) The execution; delivery and performance of this Agreement by Seller has <br />been duly authorized and no consent of any other person or entity to such execution; delivery and <br />performance is required to render this document a valid and binding instrument enforceable in <br />accordance with its terms. <br />(c) Seller is not a "foreign person' within the meaning of the United States tax <br />laws, to which reference is made in Internal Revenue Code Section 1445(b)(2). At Closing; <br />Seller shall deliver to Purchaser an affidavit to such effect. which shall also state Seller's social <br />security number and the state within the United States under which Seller then exists. <br />(d) Neither Seller nor any of its affiliates have generated, recycled, reused, <br />sold. stored; handled. transported or disposed of anv Hazardous Substance on the Property during <br />any period of time Seller has had an interest in the Property. To the best of Seller's knowledge. <br />the Property complies with all applicable local, state, federal environmental laws, regulations, <br />ordinances or administrative or judicial orders relating to the generation, recycling. reuse. sale. <br />storage. handling. transport and /or disposal of any Hazardous Substance. As used herein. the <br />term "Hazardous Substance" means anv substance or material defined or designated as a <br />hazardous or toxic waste material or substance or other similar term by any federal, state <br />environmental statute, regulation or ordinance presently in effect, as such statute, regulation or <br />ordinance may be amended from time to time or any petroleum or petroleum derivative products. <br />Without limiting the foregoing Seller further covenants and warrants unto Purchaser that during <br />the period in which Seller has had an interest in the Property: (i) no asbestos or similar materials <br />now or at any time in the past have been located upon the Property; (ii) no petroleum, or any <br />petroleum derivative products have ever been stored or disposed on the Property. Seller hereby <br />discloses to Purchaser that radon is a naturally occurring radioactive gas. that, when it has <br />accumulated in a building in sufficient quantities may present health risks to persons who are <br />exposed to it over time. Levels of radon have been found in buildings in Florida. Additional <br />information regarding radon and radon testing may be obtained from your county public health <br />unit. To the best of Seller's knowledge no radon contamination exists or has existed on the <br />Property. <br />(e) Seller will execute such affidavits and undertakings reasonably required <br />by the Title Company to issue the Title Policy at Closing to Purchaser in the amount of the <br />Purchase Price, subject only to the Acceptable Exceptions <br />(0 Seller shall not at any time while this Agreement is in effect; make or <br />permit any contract or agreement or impose or allow to impose any new lien. encumbrance or <br />other matter affecting title to the Property or grant or allow to be granted any right in or on or to <br />the Property without the prior written consent of Purchaser. which consent may be withheld by <br />Purchaser in its sole discretion. <br />SIB <br />