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or other statutory authority relating to defects in any improvements, or <br /> noncompliance with any building code or restriction, applicable to the Property <br /> that has not been corrected, or any written notice of or impending expropriation <br /> or condemnation of the Property. <br /> C. Condition of Property at the time of Delivery of Water Storage. Contractor <br /> warrants that there are and will be no material defects or conditions affecting the <br /> use, development, or value of the Property as regards its use for storage of water <br /> for domestic use as of the Delivery Date of the Reservoir or any Cell. Contractor <br /> warrants that the Property has not been used by it, and to the best of its <br /> knowledge'has not been used in the past, as a waste disposal or landfill facility, <br /> and that no underground storage tanks are or have been present. Contractor <br /> further warrants that to the best of its knowledge the Property is free of <br /> hazardous wastes and hazardous substances as those terms are defined by <br /> applicable federal and state statutes now in existence. Contractor further <br /> warrants that during its occupancy of the premises and to the best of its <br /> knowledge prior to its occupancy no petroleum products, including motor vehicle <br /> fuels and equipment maintenance fluids, have been spilled or released on the <br /> Property or that if such spills or releases have occurred, they have been fully <br /> reported to the appropriate regulatory agencies and necessary cleanup or <br /> remedial actions have been completed. Contractor, at its sole cost and expense, <br /> shall remove all mined materials; fines; overburden; construction materials or <br /> debris; equipment; supplies; and any other personal property from the Property <br /> prior to Delivery of the water Storage. <br /> d. Litigation. Contractor warrants that there is not now, nor will there be as of <br /> the Delivery Date of the Reservoir or any Cell, any dispute, action, or litigation <br /> pending or threatened respecting its use of the Property or other interests. <br /> e. Contracts, Leases, and Agreements. Unless accepted by Owner in writing, <br /> Contractor will not enter into any contracts, leases, licenses, commitments, or <br /> undertakings respecting the use or maintenance of the Property or the <br /> performance of services on the Property by which Owner would become <br /> obligated or liable to any third party except that Owner will cooperate with <br /> Contractor in connection with Contractor's applications for permits to open and <br /> operate a sand and gravel pit on the Property and construct the Reservoir. <br /> f. Compliance with Law. Contractor warrants that it has complied in all <br /> material respects with all laws, rules, regulations, ordinances, orders, judgments, <br /> and decrees applicable to the Property, and Contractor warrants that there is no <br /> proposed order, judgment, decree, governmental taking, or other proceeding <br /> applicable to Contractor which might materially adversely affect the Property or <br /> its ability to comply with the terms of this Construction Agreement. <br /> 9. Utilities. Contractor warrants that it has not received any written notice of <br /> the curtailment of any utility service supplied to the Property. <br /> Construction Agreement—Zadel(v.4-24-08) <br /> 98 <br />