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<br />entity, all or any portion of any right, title or interest which it may have in and to the City <br />Property. <br /> <br />(iv) Agreements. Except as may be expressly disclosed by City <br />in writing, other than this Agreement and any matter shown on the City Preliminary Report, <br />there are no contracts for deed, land contracts or any oral or written agreements or other <br />executory agreements whatsoever for the assigrunent or transfer of any portion(s) of the City <br />Property in effect or in existence with respect to the City Property. Except as may be expressly <br />disclosed by City in writing or as disclosed in the title documents described in the City <br />Preliminary Report, to City's actual knowledge, there are no oral or written agreements or <br />executory agreements whatsoever for the use and occupancy of the City Property and there are <br />no tenants or occupants of the City Property. Except as may be expressly disclosed by City in <br />writing or as disclosed in the title documents described in the City Preliminary Report, there are <br />no management, service, maintenance, advance booking, employment or brokerage agreements, <br />obligations, commitments or arrangements, written or oral, with respect to the City Property. <br /> <br />(v) No Litigation. To City's actual knowledge, there is no <br />actual or threatened suit, action or legal, administrative, arbitration or other proceeding or <br />governmental investigation involving or affecting the City Property. <br /> <br />(vi) Compliance with Agreements. The execution and delivery <br />of, and performance under this Agreement has not and will not constitute a breach or default <br />under any other agreement, law or court order under which City is a party and which affects the <br />City Property or the use, occupancy or operation ofthe City Property. City is not in default <br />under any agreement or commitment to which it is a party, the effect of which default could <br />adversely affect the performance by City of its obligations under this Agreement. To City's <br />actual knowledge, no default exists under any covenant, restriction or agreement related to or <br />affecting the City Property. <br /> <br />(vii) Hazardous Materials. To City's actual knowledge, City has <br />not received notice of any order, directive, complaint or other communication, written or oral, by <br />any governmental or quasi-governmental agency nor has City received a notice from any other <br />third party nor does City know (i) ofthe existence of Hazardous Materials in, on or under the <br />City Property, (ii) of any present Release or threatened Release of any Hazardous Materials in, <br />on or under the City Property, (iii) of the existence of any underground or above ground storage <br />tanks, or (iv) of any violation of Environmental Laws. <br /> <br />(viii) Insolvencv. There are no attachments, execution <br />proceedings, assigrunents for the benefit of creditors, insolvency, bankruptcy, reorganization or <br />other proceedings pending or threatened against City, nor are any such proceedings contemplated <br />by City. <br /> <br />(ix) Condemnation Proceedings. City has received no notice of <br />any condemnation or eminent domain proceeding pending or threatened against the City <br />Property or any part thereof. <br /> <br />40836735. 16 <br /> <br />12 <br />