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boards or other instrumentalities, adjoining landowners, public or private utility
<br /> companies or authorities,or highway or street authorities,which are unrecorded and
<br /> which would be binding on the Property or the Buyer.
<br /> 10.2 Environmental Representations and Warranties.
<br /> A. Seller represents and warrants to Buyer that the following statements are now
<br /> true and accurate:
<br /> 1. To the best of Seller's knowledge,there are no Hazardous Materials
<br /> (as defined in Section 10.2.B. below) located on, in, or under the Shopping
<br /> Center Tract, except as disclosed in the Phase I Environmental Site
<br /> Assessment identified on Exhibit F (the "Report")
<br /> 2. To the best of Seller's knowledge, neither as of this date nor at any
<br /> time prior to the date hereof, has there been a Release (as defined in
<br /> Section 10.2.6. below) of any Hazardous Material in, on or under the
<br /> Shopping Center Tract, except as disclosed in the Report
<br /> 3. Neither Seller nor Seller's Affiliates (as defined in Section 10.2.B.
<br /> below) have ever used the Shopping Center Tract for the use, storage,
<br /> generation, manufacture, treatment, transportation, handling or disposal of
<br /> any Hazardous Material, nor, to the best of Seller's knowledge, has the
<br /> Shopping Center Tract ever been used for the use, storage, generation,
<br /> manufacture, treatment, transportation, handling or disposal of any
<br /> Hazardous Material, except as disclosed in the Report.
<br /> 4. Any permits or licenses necessary or required to store, use or
<br /> manufacture any Hazardous Material within or on the Shopping Center Tract
<br /> have been obtained,are being complied with,and are in full force and effect.
<br /> 5. Seller's activities on the Shopping Center Tract and those of its
<br /> tenants, subtenants and licensees, if any, comply with all applicable
<br /> Environmental Laws (as defined in Section 10.2.6 below).
<br /> 6. There is no, nor, to the best of Seller's knowledge has there ever
<br /> been any, investigation, administrative proceeding, litigation, regulatory
<br /> hearing or other action proposed, threatened or pending, relating to the
<br /> Shopping Center Tract and alleging non-compliance with or liability under
<br /> any Environmental Law, except as disclosed in the Report; nor is the
<br /> Shopping Center Tract listed on CERCLIS or any comparable state list of
<br /> hazardous waste sites identified for investigation or remediation.
<br /> 7. Seller has disclosed to Buyer all assessments, studies, sampling
<br /> results,evaluations and other reports commissioned by or for Seller or within
<br /> Seller's possession or control relating to the environmental condition of the
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<br /> ::ODMA\PCDOCS\NEWARIC�617546\3
<br /> February 12,2003
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