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<br /> over the Property. Except as disclosed in writing to Buyer, Seller has not received any notice
<br /> from any governmental authority of any threatened or pending zoning, building, fire, or health
<br /> code violation or violation of other governmental regulations concerning the Property that have
<br /> not previously been corrected, and no condition on the Property violates any health, safety, fire,
<br /> environmental, sewage, building, or other federal, state or local law, ordinance or regulation.
<br /> (vii) Non-Foreign Certification. Seller is not a "foreign person" for purposes of
<br /> Section 1445 of the Internal Revenue Code of 1986, as amended, and any regulation
<br /> promulgated thereunder, and Seller is a resident taxpayer in the State of California for purposes
<br /> of Revenue and Taxation Code Section 18662.
<br /> (viii) Agreements Affecting Property. Except as disclosed in writing to Buyer, no
<br /> oral or written contracts, licenses, rental agreements, leases or commitments regarding the
<br /> maintenance or use of the Property or allowing any third party rights to use the Property are in
<br /> force.
<br /> (ix) Litigation; Condemnation. There are no pending, or to Seller's best knowledge,
<br /> threatened, actions suits, or administrative proceedings against or affecting the Property or any
<br /> portion thereof or the interest of Seller in the Property. There are no pending or to Seller's best
<br /> knowledge threatened, condemnation, eminent domain, or similar proceedings affecting the
<br /> Property or any portion thereof.
<br /> (x) Disclosure. Seller has disclosed all material facts known to Seller concerning the
<br /> Property. All information that Seller has delivered to Buyer, either directly or through Seller's
<br /> agents, is accurate and complete.
<br /> 17. Hazardous Materials.
<br /> 17.1 tefinitions.
<br /> (a) Hazardous Materials. As used in this Agreement, "Hazardous Materials"
<br /> means any chemical, compound, material, mixture, or substance that is now or may in the future
<br /> be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined
<br /> below) as a "hazardous substance", "hazardous material", "hazardous waste", "extremely
<br /> hazardous waste", infectious waste", toxic substance", toxic pollutant", or any other formulation
<br /> intended to define, list or classify substances by reason of deleterious properties such as
<br /> ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term "Hazardous Materials"
<br /> shall also include asbestos or asbestos-containing materials, radon, chrome and/or chromium,
<br /> polychlorinated biphenyls, petroleum, petroleum products or by-products, petroleum
<br /> components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, and
<br /> synthetic gas usable as fuel, perchlorate, and methyl tert butyl ether, whether or not defined as a
<br /> hazardous waste or hazardous substance in the Environmental Laws.
<br /> (b) "Environmental Laws" means any and all federal, state and local statutes,
<br /> ordinances, orders, rules, regulations, guidance documents, judgments, governmental
<br /> authorizations or directives, or any other requirements of governmental authorities, as may
<br /> presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the
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<br /> OAK#4845-6421-9189 v5
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