NAING, MA MAY THET (3) - 2017 - Laserfiche WebLink

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4.2 Representations and Warranties of Naing. Naing makes the following representations and warranties with respect to the Standard Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Naing is at present a party or by which Naing is bound; (b) To Naing°s actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Standard Property is pending, proposed or threatened; (c) Naing will not enter into any agreements or undertake any new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the Standard Property without the prior written consent of the City; (d) Naing is aware of its obligation under California Health and Safety Code Section 25359,7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state acid local statutes, rules and regulations) upon or under the Standard Property. Naing warrants and represents to the City that Naing is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Standard Property; (e) To the best of Naing's knowledge the Standard Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution. Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus; and, (f) Naing acknowledges that any future development and use of the Bristol Property must be permitted and comply with all current state and local planning, building, and zoning code regulations. I