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(a) The execution and delivery of this Agreement, performance hereunder, <br />and the consummation of the transaction contemplated hereby will not <br />constitute a violation of any order or decree or result in the breach of any <br />contract or agreement to which the City is at present a party or by which <br />the City is bound; <br />(b) To City's actual knowledge, no litigation and no governmental, <br />administrative or regulatory act or proceeding regarding the <br />environmental, health and safety aspects of the Bristol Property is pending, <br />proposed or threatened; <br />(c) City will not enter into any agreements or undertake any new obligations <br />prior to Close of Escrow that will in any way burden, encumber or <br />otherwise affect the Bristol Property without the prior written consent of <br />Naing; <br />(d) City is aware of its obligation under California Health and Safety Code <br />Section 25359.7 to disclose any knowledge which they may have <br />regarding any release of Hazardous Substances (as defined by applicable <br />federal, state and local statutes, rules and regulations) upon or under the <br />Bristol Property. City warrants and represents to Naing that City is not <br />aware that any such Hazardous Substances have been generated, stored or <br />disposed of upon or under the Bristol Property; and, <br />(e) To the best of City's knowledge the Bristol Property complies with all <br />applicable laws and governmental regulations including, without <br />limitation, all applicable federal, state, and local laws pertaining to air and <br />water quality, hazardous waste, waste disposal, and other environmental <br />matters, including, but not limited to, the Clean Water, Clean Air, Federal <br />Water Pollution Control, Solid Waste Disposal, Resource Conservation <br />Recovery and Comprehensive Environmental Response Compensation and <br />Liability Acts, and the California Environment Quality Act, and the rules, <br />regulations, and ordinances of the City, the California Department of <br />Health Services, the Regional Water Quality Control Board, the State <br />Water Resources Control Board, the Environmental Protection Agency, <br />and all applicable federal, state, and local agencies and bureaus, <br />(f) City, as a government agency, has not been subject to real property tax <br />assessment on the Bristol Property. Transfer of title to Naing at the Close <br />of Escrow will subject the Bristol Property to an assessment from the <br />Orange County Office of the Assessor and shall be the obligation of Naing <br />henceforth. <br />M <br />