KNOWLEDGE, THE RENT ROLL LISTS ALL LEASES
AFFECTING THE LAND AND IMPROVEMENTS OTHER THAN THOSE LEASES ENTERED INTO BY
SELLER SUBSEQUENT TO THE EFFECTIVE DATE, AND IS THE RENT ROLL USED IN THE
ORDINARY COURSE OF BUSINESS, AND IS TRUE AND CORRECT.
11.1.12
NO CONTRACTS.
THERE ARE NO OPTIONS, CONTRACTS OR OTHER
OBLIGATIONS OUTSTANDING FOR THE SALE, EXCHANGE OR TRANSFER OF THE PROPERTY OR
ANY PORTION THEREOF OR THE BUSINESS OPERATED THEREON.
11.1.13
ENVIRONMENTAL ISSUES.
SELLER HAS NOT RECEIVED ANY WRITTEN NOTICE
OF AND HAS NO ACTUAL KNOWLEDGE THAT ANY GOVERNMENTAL AUTHORITY OR ANY EMPLOYEE
OR AGENT THEREOF HAS DETERMINED, OR THREATENS TO DETERMINE, THAT THERE IS A
PRESENCE, RELEASE, THREAT OF RELEASE, PLACEMENT ON OR IN THE PROPERTY, OF ANY
POLLUTANTS. SELLER HAS NOT ENTERED INTO ANY AGREEMENTS WITH ANY GOVERNMENTAL
AUTHORITY OR AGENCY (FEDERAL, STATE OR LOCAL) OR ANY TENANT OR PRIOR OWNER OF
THE PROPERTY OR ANY OWNER OF ANY PROPERTY LOCATED NEAR THE
21
PROPERTY, RELATING IN ANY WAY TO THE PRESENCE, RELEASE, THREAT OF RELEASE,
PLACEMENT ON OR IN THE PROPERTY, OR THE GENERATION, TRANSPORTATION, STORAGE,
TREATMENT, OR DISPOSAL AT THE PROPERTY, OF ANY POLLUTANTS.
FOR PURPOSES HEREOF,
"POLLUTANTS" SHALL MEAN ASBESTOS, PCB AND ANY SUBSTANCE THAT IS DEFINED OR
LISTED AS A HAZARDOUS, TOXIC OR DANGEROUS SUBSTANCE UNDER ANY EXISTING STATUTE,
INCLUDING, WITHOUT LIMITATION, ANY SUBSTANCE THAT IS A "HAZARDOUS SUBSTANCE"
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT
OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986,
AS THE SAME BE FURTHER AMENDED, PETROLEUM, NATURAL GAS, NATURAL GAS LIQUIDS,
LIQUEFIED NATURAL GAS, AND SYNTHETIC GAS USABLE FOR FUEL, AND ANY MATERIALS
REGULATED BY TEXAS LAW.
11.1.14
PATRIOT ACT.
(1)
SELLER IS IN COMPLIANCE WITH THE
REQUIREMENTS OF EXECUTIVE ORDER NO. 133224, 66 FED. REG. 49079 (SEPT. 25, 2001)
(THE "ORDER") AND OTHER SIMILAR REQUIREMENTS CONTAINED IN THE RULES AND
REGULATIONS OF THE OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY
("OFAC") AND IN ANY ENABLING LEGISLATION OR OTHER EXECUTIVE ORDERS OR
REGULATIONS IN RESPECT THEREOF (THE ORDER AND SUCH OTHER RULES, REGULATIONS,
LEGISLATION, OR ORDERS ARE COLLECTIVELY CALLED THE "ORDERS").
FURTHER, SELLER
COVENANTS AND AGREES TO MAKE ITS POLICIES, PROCEDURES AND PRACTICES REGARDING
COMPLIANCE WITH THE ORDERS, IF ANY, AVAILABLE TO PURCHASER FOR ITS REVIEW AND
INSPECTION DURING NORMAL BUSINESS HOURS AND UPON REASONABLE PRIOR NOTICE.
(2)
NEITHER SELLER NOR ANY BENEFICIAL OWNER OF
SELLER:
(A)
IS LISTED ON THE SPECIALLY DESIGNATED
NATIONALS AND BLOCKED PERSONS LIST MAINTAINED BY OFAC PURSUANT TO THE ORDER
AND/OR ON ANY OTHER LIST OF TERRORISTS OR TERRORIST ORGANIZATIONS MAINTAINED
PURSUANT TO ANY OF THE RULES AND REGULATIONS OF OFAC OR PURSUANT TO ANY OTHER
APPLICABLE ORDERS (SUCH LISTS ARE COLLECTIVELY REFERRED TO AS THE "LISTS");
(B)
IS A PERSON OR ENTITY WHO HAS BEEN
DETERMINED BY COMPETENT AUTHORITY TO BE SUBJECT TO THE PROHIBITIONS CONTAINED IN
THE ORDERS; OR
(C)
IS OWNED OR CONTROLLED BY, OR ACTS FOR OR
ON BEHALF OF, ANY PERSON OR ENTITY ON THE LISTS OR