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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, any 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 any 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 any 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 /> (f) 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 /> 5 <br />