GOVERNMENTAL BODY OR THIRD PARTY ALLEGING VIOLATION OF LAWS,
REGULATIONS, PERMITS, ORDERS, REMOVAL OR REMEDIATION ORDERS OR OBLIGATIONS,
INCLUDING ANY THAT RELATE TO ENVIRONMENTAL LAWS, HEALTH, SAFETY, OR EMPLOYEE
MATTERS RELATING TO THE PROPERTY.
(H)
BROKERS.
NEITHER THIS AGREEMENT NOR THE SALE OF THE PROPERTY OR
ANY OTHER TRANSACTION CONTEMPLATED BY THIS AGREEMENT WAS INDUCED OR PROCURED
THROUGH ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY ACTING ON BEHALF OF, OR
REPRESENTING WEEKS ANY OF ITS STOCKHOLDERS AS BROKER, FINDER, INVESTMENT BANKER,
FINANCIAL ADVISOR OR IN ANY SIMILAR CAPACITY.
(I)
LICENSES AND PERMITS.
EXHIBIT I HERETO SETS FORTH A COMPLETE AND
CORRECT LIST OF ALL LICENSES, FRANCHISES, PERMITS AND OTHER GOVERNMENTAL
AUTHORIZATIONS HELD OR OWNED BY WEEKS RELATING TO THE OWNERSHIP AND OPERATION OF
THE PROPERTY.
TO THE BEST OF WEEKS' KNOWLEDGE, ALL SUCH LICENSES, FRANCHISES,
PERMITS AND OTHER GOVERNMENTAL AUTHORIZATIONS ARE VALID AND IN EFFECT ON THE
CLOSING DATE.
(J)
COMPLIANCE WITH LAWS.
(I)
THERE IS NO LABOR TROUBLE, DISPUTE, GRIEVANCE, CONTROVERSY,
STRIKE OR REQUEST FOR UNION REPRESENTATION PENDING OR TO WEEKS' KNOWLEDGE,
THREATENED AGAINST WEEKS WHICH AFFECTS OR COULD AFFECT THE PROPERTY OR THE
OPERATION OF THE PROPERTY, AND WEEKS DOES NOT KNOW OF ANY OCCURRENCE OR ANY
EVENTS WHICH WOULD GIVE RISE TO ANY SUCH LABOR TROUBLE, DISPUTE, CONTROVERSY,
STRIKE OR REQUEST FOR REPRESENTATION.
(II)
WEEKS IS NOT OWNING OR OPERATING, AND HAS NOT OWNED OR OPERATED
THE PROPERTY, AND IS NOT CARRYING ON OR CONDUCTING, AND HAS NOT CARRIED ON OR
CONDUCTED,
21
ITS BUSINESS OR AFFAIRS RELATING TO THE PROPERTY IN VIOLATION OF ANY FEDERAL,
FOREIGN, STATE OR LOCAL LAW, STATUTE, ORDINANCE, RULE OR REGULATION, OR ANY
COURT OR ADMINISTRATIVE ORDER OR PROCESS.
(K)
ENVIRONMENTAL MATTERS.
(I)
NO HAZARDOUS MATERIALS HAVE BEEN USED, TRANSPORTED, MANUFACTURED,
PROCESSED, STORED, TREATED OR DISPOSED, IN OR ON THE PROPERTY OR ARE A PART OF
THE PROPERTY, EXCEPT AS NECESSARY TO THE CONDUCT OF THE BUSINESS AND IN
COMPLIANCE WITH ENVIRONMENTAL LAWS.
EXHIBIT J LISTS THE HAZARDOUS MATERIALS
USED, GENERATED, STORED OR DISPOSED OF BY WEEKS IN THE OPERATION OF THE BUSINESS
OR WHICH ARE PART OF THE PROPERTY.
FOR PURPOSES OF THIS SECTION 8.01(K), THE
TERM "HAZARDOUS MATERIAL" SHALL MEAN (A) ALL SUBSTANCES, WASTES, POLLUTANTS,
CONTAMINANTS AND MATERIALS ("SUBSTANCES") REGULATED, OR DEFINED OR DESIGNATED AS
HAZARDOUS, EXTREMELY OR IMMINENTLY HAZARDOUS, DANGEROUS OR TOXIC, UNDER THE
FOLLOWING FEDERAL STATUTES AND THEIR STATE COUNTERPARTS, AS WELL AS THESE
STATUTES' IMPLEMENTING REGULATIONS:
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT, 42 U.S.C. SECTION 9601 ET SEQ ("CERCLA") THE
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, 7 U.S. C. SECTION 136 ET
SEQ; THE ATOMIC ENERGY ACT, 42 U.S.C. SECTION 22011 ET SEQ; AND THE HAZARDOUS
MATERIALS TRANSPORTATION ACT, 42 U.S.C. SECTION 1801 ET SEQ; (B) ALL SUBSTANCES
WITH RESPECT TO WHICH ANY STATE, LOCAL, TERRITORIAL OR FEDERAL GOVERNMENTAL
AUTHORITY OTHERWISE REQUIRES ENVIRONMENTAL INVESTIGATION, MONITORING, REPORTING,
OR REMEDIATION; (C) PETROLEUM AND PETROLEUM PRODUCTS AND BY PRODUCTS INCLUDING
CRUDE OIL AND ANY FRACTIONS THEREOF; (D) NATURAL GAS, SYNTHETIC GAS, AND ANY
MIXTURES THEREOF; AND (E)