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JAN.~E.199~ E~49AM - N0.543~ P.9
<br />~ (iv) To the best of the Seller's knowledge after due inquiry, the onstruction,
<br />occupancy, and operation of the Real Property materially conform to and corr~ply with all
<br />applicable city, county, state, and fedaral law, statutes, ord.inances, and reguladons.
<br />(v) After closing, the Seller shall be responsible for, and shall indemr~ify,l and hold the
<br />8uyer harmless against, structural defects in the exist'ing buildings. '
<br />(vi) The Seller is the legal and beneficial fee simple ddeholder of the Real operty and
<br />has good, marketable, and insurable tide to the Real Properry, free and clear of all liens,
<br />encumbrances, claims, covenants, conditions, restrictions, easements, rights of ay, options,
<br />judgments, or other matters, except as disclosed by the preliminary tide report. '
<br />(vii) The Seller has not entered into any other contracts for the sale of the l~eal Property,
<br />nor do chere exist any rights of first refusal or options to purchase the Real Property. ''
<br />(vui) The Seller has not sold, transferred, conv~yed, or entered into an~ a~reement
<br />regarding "air nghts" or othar developmant rights or restrictions relating to the Real P perty.
<br />(ix) Except as fully disclosed to the Buyer prior to the Closing Date, the R~eal Property
<br />is materially in compliance with applicable state and federal environmental st~ndards and
<br />requirements affecdng i~ ';
<br />(x) Except as fully disclosed to the Buyer prior to the Closing Date, the eller hss not
<br />received any notices of violation or advisory action by regulatory agencies regarding e~vironmental
<br />. control matters or permit compliance with respect to the Real Property. ,'
<br />~ (xi} The Seller has not transferred hazardous waste from the Real Pro e to another
<br />location that is not in compliance with applicable environmental laws, regulatior~s or permit
<br />requirements. To the best of the Seller's knowledge, no other person has transfe hazardous
<br />waste from the Real Property to another location that is not m compliance wit applicable
<br />en~ironmental laws, regulations, or permit requirements.
<br />(xii) Except as fully d.isclosed to the Buyer prior to the Closing Date, ~here are no
<br />proceedings, govemmental administrative acuons, or judicial proceedings pending o, to the best
<br />of the Seller's knowledge, contemplated under any federal, state, or Iocal laws re~ulating the
<br />discharge of hazardous or toxic materials or substances into the environment. '~,
<br />(xiii) To the best of the Seller's knowledge, the Seller has not, during its ' nership of
<br />the Real Property, stored, produced, or disposed of any hazardous substance, includi ~g asbestos,
<br />on the Real Property.
<br />(xiv) The Seller will comply with all of the requirements of the Unifo ' Relocation
<br />Assistance and Real Property Acquisition Policies Act of 1970, 42 USC ~4601 et se , following
<br />the Closing Date. ;
<br />(c) General Representation. The Se1ler's representations and wananties co tained here
<br />are true and accurate, and are not misleading. The Seller's representations and wananti contained
<br />here shall be continuing and shall be true and correct as of the Closing Date v~~ith th same force
<br />~ Purchase and Sale ~reement
<br />Salem Area Mass Tmnsit District/Marion County
<br />Page - S
<br />0128970748
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