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Book : 375A Rage : 105 <br /> Premises or the ownership and operation thereof by the Developer. The <br /> condition of the soil at the Premises is such that it will support all of <br /> Developer's anticipated building improvements for the foreseeable life of <br /> the improvements without the need for unusual or new subsurface <br /> excavations, removal of fill, footings, caissons, or other materials. <br /> 11. To the best of Municipality's knowledge, after due inquiry, the following <br /> is true and accurate: <br /> (a) the Premises has not been used for the treatment, generation, <br /> transportation, production, storage, or disposal of any Hazardous <br /> Substances; <br /> (b) the Premises contains no Hazardous Substances; <br /> (c) the Premises is not threatened by intrusion or exposure to any <br /> Hazardous Substance from any CERCLA site or other adjoining or nearby <br /> real estate or other source whatsoever; <br /> (d) no underground storage tanks now exist on or within the Premises, nor <br /> have any underground storage tanks previously exited on or within the <br /> Premises; <br /> (e) no part of the Premises contains friable asbestos or any asbestos or <br /> asbestos product that is, or with the passing of time will be, friable or a <br /> health hazard; <br /> (� no transformers now exist on the Premises, nor have any transformers <br /> previously existed on the Premises that, in either case, are known to have <br /> been damaged or destroyed by fire or other casualty, nor have any such <br /> transformers, if any, revealed evidence of leakage, seepage, or other <br /> discharge of any fluid or other material onto or into the Premises; <br /> (g) no litigation or regulatory action or sanction currently exists, nor has <br /> any such litigation or regulatory action heretofore existed, nor does Seller <br /> have any notice or reason to believe any such litigation or regulatory <br /> action is contemplated against the Premises pursuant to any <br /> Environmental Laws; <br /> (h) no lien has been imposed on the Premises by any governmental agency <br /> at the federal, state, or local level in connection with the presence on the <br /> Premises of any Hazardous Substances; <br /> (i) Municipality has all environmental permits, licenses, approvals, <br /> consents, and authorizations issued by all governmental agencies that are <br /> necessary for Municipality's operations and activities at the Premises; <br /> RDLLC 20060926 v I 7 <br />