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Subparagraph (h), above, if any; and <br /> <br />To the best of Seller's knowledge, no part of the <br />Property has ever been used as a landfill, and no <br />materials have ever been stored or deposited upon the <br />Property which under any applicable governmental law or <br />regulation would require that the Property be treated or <br />such materials removed from the Property prior to the use <br />of the Property for any purpose which would be permitted <br />by law, but for the existence of said materials on the <br />Property; and <br /> <br />(k) <br /> <br />To the best of Seller's knowledge, no underground storage <br />tank, as that term is defined by federal statute or <br />Colorado statute, is located on the Property which under <br />applicable governmental law or regulation would require <br />such underground storage tank to be upgraded, modified, <br />replaced, closed or removed; and <br /> <br />(1) <br /> <br />To the best of Seller's knowledge, Seller has not caused <br />or permitted the release of any hazardous substance on <br />the Property. The terms "hazardous substance" and <br />"release" as used herein shall have the same meaning and <br />definition as set forth in Paragraphs (14), (22) and <br />(23), respectively, of Title 42 U.S.C. Section 9601; <br />provided, however, that the term "hazardous substance" as <br />used herein also shall include "hazardous waste", as <br />defined in Paragraph (5) of 42 U.S.C. Section 6903; and <br /> <br />(m) <br /> <br />Seller has received no actual notice from any oil company <br />or related business of any intention to conduct <br />operations for the drilling of any oil or gas well on the <br />Property, whether such notice is in the form of a <br />"thirty-day notice" under the rules of the Oil and Gas <br />Conservation Commission of the State of Colorado, a <br />notice to commence earthwork for drilling operations, a <br />notice for the location of access roads, or any other <br />notice of any kind related to the conduct of operations <br />for such drilling; and <br /> <br />(n) <br /> <br />Seller has no knowledge of any claims or purported claims <br />of adverse possession pertaining to the Property and/or <br />any land adjacent thereto by reason of the location of <br />any exterior boundary fence lines, or otherwise. <br /> <br /> Seller shall, at the time of closing, certify to Purchasers in <br />writing that the above and foregoing representations and warranties <br />remain true and correct as of the date of closing. <br /> <br />FINGRU PURCHASE AGREEMENT -7- <br /> <br /> <br />