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States Government, including, without limitation, any material or substance which is designated as a hazardous or regulated substance pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et sea_.; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901, et sea_.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300(0, tLte_q.; the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), 7 U.S.C. § 136, e&~.q.; the Toxic Substances Control Act ("TSCA"), 15 U.S.C § 2601, ~.e,&.; the Clean Air Act, 42 U.S.C. § 7401 ~:1.; the Oil Pollution Act ("OPA") 104 Stat. 484 (1990); the Colorado Underground Storage Tank Act, C.R.S. § 8-20-501, et_a~.; the provisions of 6 C.C.R. 1007-5; or any other federal, state or local law or regulation relating to hazardous substances or environmental protection; (d) To the best of Seller's knowledge and belief, there are no pending or threatened condemnation or similar proceedings affecting the Property, or any part thereof, that have not been previously disclosed to Purchaser; nor to the best knowledge and belief of Seller is any such proceeding contemplated by any governmental authority, except as may have been previously disclosed to Purchaser; (e) Seller has received no actual notice of any litigation, claim or proceeding, pending or currently threatened, which materially affects the Property; and (f) Seller's execution and performance of this Agreement will not constitute a material breach or default under any Agreement entered into by Seller. At Closing, Seller shall provide Purchaser with a certification that the foregoing representations and warranties remain true and correct. 5. PURCHASER'S REPRESENTATIONS AND WARRANTIES Purchaser represents and warrants to Seller as follows, which representations and warranties shall be deemed made by Purchaser to Seller as of the date of execution hereof and as of the Closing Date, shall survive the Closing and, but for such representations and warranties, Seller would not execute this Agreement: (a) When approval of this Agreement is effected by ordinance of the City Council, Purchaser will have the full authority and power to execute this Purchase and Sale Agreement and to close the purc. hase of the Property. -5- It:~D\WI~F I \ 101.14~O9:~A-6'P& SLouisvill¢.wlxl