|
20, WA
<br />I AN'AES, PRESENTATIONS AND COVBbjANTS
<br />SELLER. Tenant- Seller hereby warrants, represents, and /or covenants to Buyer
<br />A. To tre best of Tenant- Sollor''s knowledge, there are no actions, suits,
<br />material claims, legal proceedings, or any other proceedings affecting the Improvements, the
<br />Tenancy Interest or any portion thereof, at law or in equity, before any court or goverunental
<br />agency.
<br />B. Until the Closing, Tenant•Soller, shall maintain the Improvements and the
<br />Promises in good condition and state of repair and maintenance, and shall perform all of its
<br />obligations under any service contracts or other contracts affcoting the Improvements and the
<br />Promises,
<br />C, Until the Closing, Tenant - Seller shall not do anything which would impair
<br />Tenant - Seller's title to the Premises, the Improvenents or the Tenancy Interest,
<br />D. All utilities including gas, electricity, water, sewage, and telephone, are
<br />available to the Premises, and to the best of Tenant - Seller's knowledge, all such items are in
<br />good working order.
<br />E. To the best of Tonant•Sellet's knowledge, neither tite execution of this
<br />Agreement not the performance of the obligations herein will conflict with, or violate ally of the
<br />provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or
<br />insiromoot to which Tenant- Seller, the Premises, the lulprovements or the Tenancy Interest may
<br />be subject.
<br />P, Until the Closing, Tonant-Sollor shall, upon learning of any fact or
<br />condition which would cause art} of the watrantlos and representations in this Paragraph 20 not
<br />to be true as of Closing, immediately give written notice of such fact or condition to Buyer,
<br />21. HAZARDOUS WASTE. Neither Tenant - Sellor nor, to the best of Tenant - Soller's
<br />knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has
<br />used, generated, released, disoharged, stored, or disposed of any hazardous waste, toxic
<br />substanoes, or related materials ("Hazardous Materials ") on, under, in, or about the Property or
<br />the Premises, or transported any Hazardous Materials to or from the Property or the Promises,
<br />Tenant Seller shall not cause or permit fire presence, asp, generation, releaso, discharge, storage,
<br />or disposal of any Hazardous Materials on, trader, in, or about, or the transportation of any
<br />Hazardous Materials to or from the Premises, Tile terns "Hazardous Materials" shad moan any
<br />substance, material, or waste which is or becomes regulated by arty local governmental authority,
<br />the State of California, or the united States Government, including, but not limited to, ally
<br />tnatorial or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ",
<br />or "restricted Imordous waste" under §25115, §25117 or §25122,7, or listed pursuant to §25140
<br />of tine California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control
<br />Law), (ii) deflned as "hazardous substance" under §25316 of the California Health and Safety
<br />Code, Division 20, Chapter 6.8 (Carpenter - Presley - Tattier Hazardous Substance Account Act),
<br />(iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under
<br />§25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Flazardous
<br />Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
<br />25E -9
<br />
|