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� <br />. <br />c. There is no action, suit, proceeding, or claim affecting the "Property" or any portion thereof relating to or arising <br />out of the ownership, operation, use, or occupancy of the "Property" pending or being prosecuted in any court or by or <br />before any federal, state, county, or municipal department, commission, board, bureau, or agency or other governmental <br />instrumentality nor, to the knowledge of Beaver Park, is any such actiou, suit, proceeding, or claim threatened or being <br />asserted. <br />d. To the best of Beaver Park's knowledge, information and belief, there is no pending condemnation or similar <br />proceeding affecting the "Property" or any portion thereof. Beaver Park has not received any notice, written or otherwise, <br />and has no knowledge that any suc6 proceeding is contemplated. <br />c. No work has been performed or is in progress by Beaver Park, and no materials have been furnished to the <br />"Property" or any portion tl�ereof, which might give rise to mechanics', materialmans' or other liens against the "Property" <br />or any portion thereof. <br />f. No consent or approval of any person, entity, or governmentat agency or authority is required with respect to the <br />execution and delivery of this Agreement by Beaver Park or the consummation by Beaver Park of the transactions <br />contemplated hereby or the performance by Beaver Park of its obligations hereunder. <br />g. There are no attachments, executions or assignments for the benefit of creditors, receiverships, conservatorships, <br />or voluntary or involuntary proceedings in bankruptcy or pursuant to any debtor relief laws contemplated or filed by Beaver <br />Park or pending against Beaver Park or the "Property". <br />h. There are no options, contracts, or other obligations outstanding for the sale, exchange, or transfer of the <br />"Property" or any portion thereof or any interest therein. <br />i. To the best of Beaver Park's knowledge, information and belief, there has been no lawful or unlawful disposal, <br />discharge, deposit, infection, dumping, leaking, spilling, placing or escape of any Hazardous Substance in violation of any <br />Hazardous Materials Laws on, in, under or from the "Property" or any portion thereof ancl there is and will be no facility in <br />or on any of the "Property" or any portion thereof which is used for the treatment, storage or disposal of any Hazardous <br />Substance. Beaver Park has received no summons, citatioa, directive, letter or other communication, written or oral, from <br />any governmental aut6ority concerning any intentional or unintentional action or omission on Beaver Park's part which has <br />resulted in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any Hazardous Substance <br />to or from the "Property" into any waters or unto any lands or where damage may have resulted to the lands, waters, fish, <br />shellfish, wildlife, biota, air or other natural resources. For purposes of this section, the term "Hazardous Substance" shall <br />include, but is not limited to, any and all hazardous or toxic substances, materials or waste defined by or listed under any of <br />the Hazardous Materials Laws, including without limitation those substances listed io the [Jnited States Department of <br />Transportation Table (49 C.F.R.172.10]0 as amended) or by the Environmental Protection Agency as hazardous <br />substances (40 C.F.R. Part 302 as amended). <br />BEAV�R PA K WATER, INC <br />B Y_ _`. r.r. ✓".sJ � ' � — <br />President <br />PENROSE WATER DISTRICT <br />dba Penrose ater i trict Water Activity Enterprise <br />By i ��,��, _. .. <br />r sid t � <br />Dated 6 � `�.0 (/ <br />� � <br />ATT <br />By• .9-z <br />Secretary <br />Dated�/,, / Q <br />. <br />A TEST: ' ' �' /, <br />_ _.�s� � - ` �.. _ _ <br />Secretary <br />