Common use of Seller’s Covenants, Representations and Warranties Clause in Contracts

Seller’s Covenants, Representations and Warranties. Seller does hereby covenant, warrant and represent to the Buyers as follows: A. To Seller’s actual knowledge, Seller has or as of the Date of Closing will have marketable and insurable title to the Property of record, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of-way, covenants, conditions and restrictions and any other matters affecting the title, except for the Permitted Exceptions. For purposes of this Section “Seller’s actual knowledge” is limited to the actual knowledge of the undersigned representatives of Seller executing this Agreement on behalf of Seller. B. To Seller’s actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Seller with respect to the Property prior to the date hereof. D. Except as provided herein, Seller shall indemnify and defend Buyers and otherwise hold Buyers harmless of, from and against any broker who may be entitled to any commission or finder’s fee in connection with the transaction contemplated herein to the extent arising from Seller’s actions. E. To Seller’s actual knowledge, there are no underground storage tanks. F. Seller is not a foreign person as defined in §1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. G. To Seller’s actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Seller with respect to the Property. H. Except as used in the ordinary course of Seller’s activities at the Property and to Seller’s actual knowledge, (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 X.X.X. §0000, et seq.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 X.X.X. §0000, et seq.), including, without limitation, any asbestos or asbestos- related products or materials and any oils, petroleum-derived compounds or pesticides ("Hazardous Materials") have been generated, treated, stored, released or disposed of or otherwise placed, deposited in or located on the Property; and

Seller’s Covenants, Representations and Warranties. Seller does Sellers do hereby covenant, warrant and represent to the Buyers as follows: A. To Seller’s Sellers actual knowledge, Seller has or as of the Date of Closing will have marketable and insurable title to the Property of recordSubject Property, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of-way, covenants, conditions and restrictions and any other matters affecting the title, except for the Permitted Exceptions. For purposes of this Section “Seller’s actual knowledge” is limited to the actual knowledge of the undersigned representatives of Seller executing this Agreement on behalf of Seller. B. To Seller’s actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Seller Sellers with respect to the Subject Property prior to the date hereof. D. Except as provided herein, Seller shall indemnify and defend Buyers and otherwise hold Buyers harmless of, from and against X. Xxxxxxx represent to Buyer that Sellers have not engaged the services of any broker who may be entitled to any commission or finder’s fee in connection with the transaction contemplated herein sale of the Subject Property, and Sellers agree to indemnify and hold harmless Buyer with respect to any claim for commission or fee due or alleged to be due by a broker or real estate sales agency with respect to this transaction. X. Xxxxxxx warrant that there has been no labor or material furnished to the extent arising from Seller’s actionsSubject Property for Sellers for which payment has not been made. E. To Seller’s Sellers’ actual knowledge, there are no underground storage tankstanks or xxxxx on the Subject Property. F. Seller is not a foreign person as defined in §1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. G. To Seller’s Sellers’ actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Seller Sellers with respect to the Subject Property. H. Except as used in the ordinary course of Seller’s activities at the Property and to Seller’s G. To Sellers’ actual knowledge, (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 X.X.X. U.S.C. §00006901, et seq.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 X.X.X. U.S.C. §00009601, et seq.), including, without limitation, any asbestos or asbestos- asbestos-related products or materials and any oils, petroleum-petroleum- derived compounds or pesticides ("Hazardous Materials") have been generated, treated, stored, released or disposed of or otherwise placed, deposited in or located on the Subject Property; andand the Subject Property is free of Hazardous Materials and is not subject to any “superfund” type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Subject Property.

Seller’s Covenants, Representations and Warranties. Seller does Sellers do hereby covenant, warrant and represent to the Buyers as follows: A. To Seller’s Sellers actual knowledge, Seller has or as of the Date of Closing will have marketable and insurable title to the Property of recordSubject Property, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of-way, covenants, conditions and restrictions and any other matters affecting the title, except for the Permitted Exceptions. For purposes of this Section “Seller’s actual knowledge” is limited to the actual knowledge of the undersigned representatives of Seller executing this Agreement on behalf of Seller. B. To Seller’s actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Seller Sellers with respect to the Subject Property prior to the date hereof. D. Except as provided herein, Seller shall indemnify and defend Buyers and otherwise hold Buyers harmless of, from and against X. Xxxxxxx represent to Buyer that Sellers have not engaged the services of any broker who may be entitled to any commission or finder’s fee in connection with the transaction contemplated herein sale of the Subject Property, and Sellers agree to indemnify and hold harmless Buyer with respect to any claim for commission or fee due or alleged to be due by a broker or real estate sales agency with respect to this transaction. X. Xxxxxxx warrant that there has been no labor or material furnished to the extent arising from Seller’s actionsSubject Property for Sellers for which payment has not been made. E. To Seller’s Sellers’ actual knowledge, there are no underground storage tankstanks or xxxxx on the Subject Property. F. Seller is not a foreign person as defined in §1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. G. To Seller’s Sellers’ actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Seller Sellers with respect to the Subject Property. H. Except as used in the ordinary course of Seller’s activities at the Property and to Seller’s G. To Sellers’ actual knowledge, (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 X.X.X. §0000, et seq.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 X.X.X. §0000, et seq.), including, without limitation, any asbestos or asbestos- asbestos-related products or materials and any oils, petroleum-petroleum- derived compounds or pesticides ("Hazardous Materials") have been generated, treated, stored, released or disposed of or otherwise placed, deposited in or located on the Subject Property; andand the Subject Property is free of Hazardous Materials and is not subject to any “superfund” type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Subject Property.

Seller’s Covenants, Representations and Warranties. Seller does hereby covenant, warrant and represent to the Buyers as follows: A. To Seller’s actual knowledge, Seller has or as of the Date of Closing will have marketable and insurable title to the Property of record, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of-way, covenants, conditions and restrictions and any other matters affecting the title, except for the Permitted Exceptions. For purposes of this Section “Seller’s actual knowledge” is limited to the actual knowledge of the undersigned representatives of Seller executing this Agreement on behalf of Seller. B. To Seller’s actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Seller with respect to the Property prior to the date hereof. D. Except as provided herein, Seller shall indemnify and defend Buyers and otherwise hold Buyers harmless of, from and against any broker who may be entitled to any commission or finder’s fee in connection with the transaction contemplated herein to the extent arising from Seller’s actions. E. To Seller’s actual knowledge, there are no underground storage tanks. F. Seller X. Xxxxxx is not a foreign person as defined in §1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. G. To SellerX. Xx Xxxxxx’s actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Seller with respect to the Property. H. Except as used in the ordinary course of Seller’s activities at the Property and to Seller’s actual knowledge, (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 X.X.X. §0000, et seq.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 X.X.X. §0000, et seq.), including, without limitation, any asbestos or asbestos- related products or materials and any oils, petroleum-derived compounds or pesticides ("Hazardous Materials") have been generated, treated, stored, released or disposed of or otherwise placed, deposited in or located on the Property; and

Seller’s Covenants, Representations and Warranties. Seller does hereby covenant, warrant and represent to the Buyers as follows: A. To Seller’s actual knowledge, Seller has or as of the Date of Closing will have marketable and insurable title to the Property of record, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of-way, covenants, conditions and restrictions and any other matters affecting the title, except for the Permitted Exceptions. For purposes of this Section “Seller’s actual knowledge” is limited to the actual knowledge of the undersigned representatives of Seller executing this Agreement on behalf of Seller. B. To Seller’s actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Seller with respect to the Property prior to the date hereof. D. Except as provided herein, Seller shall indemnify and defend Buyers and otherwise hold Buyers harmless of, from and against any broker who may be entitled to any commission or finder’s fee in connection with the transaction contemplated herein to the extent arising from Seller’s actions. E. To Seller’s actual knowledge, there are no underground storage tanks. F. Seller X. Xxxxxx is not a foreign person as defined in §1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. G. To SellerX. Xx Xxxxxx’s actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Seller with respect to the Property. H. Except as used in the ordinary course of Seller’s activities at the Property and to Seller’s actual knowledge, (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 X.X.X. U.S.C. §00006901, et seq.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 X.X.X. U.S.C. §00009601, et seq.), including, without limitation, any asbestos or asbestos- related products or materials and any oils, petroleum-derived compounds or pesticides ("Hazardous Materials") have been generated, treated, stored, released or disposed of or otherwise placed, deposited in or located on the Property; and