THE BEST OF SELLER'S 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 CURRENT ONGOING STRIKE OR REQUEST FOR UNION
REPRESENTATION, OR TO THE BEST OF SELLER'S KNOWLEDGE THERE IS NO CURRENT ONGOING
LABOR TROUBLE, DISPUTE, GRIEVANCE OR CONTROVERSY PENDING OR THREATENED AGAINST
SELLER WHICH AFFECTS OR COULD AFFECT THE PROPERTY OR THE OPERATION OF THE
PROPERTY, AND SELLER 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)
TO THE BEST OF SELLER'S KNOWLEDGE, IT DOES NOT OWN OR OPERATE,
AND HAS NOT OWNED OR OPERATED THE PROPERTY, AND IS NOT CARRYING ON OR
CONDUCTING, AND HAS NOT CARRIED ON OR CONDUCTED, 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.
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(K)
ENVIRONMENTAL MATTERS.
(I)
TO THE BEST OF SELLER'S KNOWLEDGE, 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
OPERATION OF THE PROPERTY AND IN COMPLIANCE WITH ENVIRONMENTAL LAWS.
EXHIBIT M
LISTS THE HAZARDOUS MATERIALS USED, GENERATED, STORED OR DISPOSED OF BY SELLER
IN THE OPERATION OF THE PROPERTY OR WHICH ARE PART OF THE PROPERTY.
FOR
PURPOSES OF THIS SECTION 7.01(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
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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) RADON, RADIOACTIVE SUBSTANCES, ASBESTOS, UREA FORMALDEHYDE, AND
POLYCHLORINATED BIPHENYLS ("PCBS").
(II)
EXCEPT AS DISCLOSED ON EXHIBIT N, THERE ARE NO ASBESTOS
CONTAINING MATERIALS, OR PCB CONTAINING CAPACITORS, TRANSFORMERS OR OTHER
EQUIPMENT ON ANY OF THE PROPERTY.
THERE HAS BEEN NO RELEASE FROM ANY PCB
CONTAINING TRANSFORMER, CAPACITOR OR EQUIPMENT, OTHER THAN IN COMPLIANCE WITH
APPLICABLE ENVIRONMENTAL LAWS.
(III)
EXHIBIT N IDENTIFIES AND THE SELLER HAS PROVIDED COPIES OF (A)
ALL ENVIRONMENTAL AUDITS, ASSESSMENTS, OR OCCUPATIONAL HEALTH STUDIES IN THE
POSSESSION OF SELLER WITH RESPECT TO THE PROPERTY WITHIN THE PAST THREE (3)
YEARS, (B) THE RESULTS OF ANY ASBESTOS MONITORING UNDERTAKEN