Reso 2008-1264 - Laserfiche WebLink

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7.2 No Legal Bar. The execution by Seller of this Agreement and the consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, obligation or the agreement of limited partnership, limi ted partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 7.3 No Default. To Seller and its representatives, an indenture, mortgage, deed of other agreement to which Seller portion of the Property. the actual knowledge of the Seller is not in default under trust, loan agreement, lease or is a party and which affects any 7.4 Hazardous Materials. Seller has no actual knowledge nor has the Seller received any wri t ten notice that there has been any discharge of hazardous material at the Property. As used herein, the term "Ha zardous Material" shall mean any substance, water or material which has been determined by state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials or substances in the environment ( collectively "Governmental Authori ty (ies) ") . Buyer must rely on its Environmental reports and assessments, as Seller is not aware of Property's environmental condition. 7.5 Litigation and Parties in Possession. To the actual knowledge of the Seller, there are no act ions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any portion of the Property. 7.6 Buyer's Remedies for Seller's Misrepresentations. In the event that Buyer becomes aware prior to Closing that any of Seller's warranties or representations set forth in this Agreement are not true in any material respect on the Effective Date or any time thereafter but prior to Closing, and in the event Seller is unable to render any such representation or