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" injunction issued against Seller, or any provision of any laws applicable to Seller. The consummation of the transactions contemplated hereby will not result in a breach or constitute a default or event of default by Seller under any agreement to which Seller or any of its assets are subject or bound and will not result in a violation of any laws applicable to Seller; 7.1.4 To Seller's Knowledge: (l) Seller has not received any written notices (a) of any material claims against the Property, (b) from any governmental authority of any violation of any laws, ordinances or other governmental regulations applicable to the Property, or (c) of any special assessments, improvement bonds or any pending condemnation proceedings respecting any portion of the Property except as included in any public record or information otherwise provided or made available to the City; and (2) to the extent that any improvements have been made to the Property at the direction and request of Seller or any work performed with respect to the Property at the direction and request of Seller, alllienors in connection with said improvements or work have been or will be paid in full when due; 7.1.5 To Seller's Knowledge: (l) Seller has not generated, disposed of or released any Hazardous Materials on the Property, and (2) Seller has received no written notice that any municipality or any governmental or quasi-governmental authority has determined that there are any violations of environmental statutes, ordinances or regulations affecting the Property. The term "Hazardous Materials" shall mean (a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U. S. C. Section 690 I et seq.), as amended from time to time prior to the date hereof, and regulations promulgated thereunder prior to the date hereof; (b) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), as amended from time to time prior to the date hereof, and regulations promulgated thereunder prior to the date hereof (including petroleum-based products as described therein); (c) other petroleum and petroleum-based products; (d) asbestos in any quantity or form which would be subjected to regulation under any applicable environmental statutes, ordinances or regulations enacted prior to the date hereof affecting the Property; (e) polychlorinated biphenyls; (f) any substance, the presence of which on the Property is prohibited by any environmental statute, ordinance or regulation affecting the Property; and (g) any other substance which, by any environmental statute, ordinance or regulation affecting the Property, require special handling in its collection, storage, treatment or disposal. The term "Hazardous Materials" shall not include any such items which are typically used in the maintenance, repair, occupancy, operation or use of real property projects such as the Property. The City may, at its sole expense, have an environmental assessment made of the Property by a qualified professional, to be completed within thirty days of the Effective Date. If the assessment discloses any soil contamination or other environmental problems that could reasonably jeopardize use of the Property for its intended purpose as a public courthouse, then the City shall give written notice of same to Seller. Seller shall have thirty days to determine whether to remediate said problems at Seller's expense. If Seller declines to do so, then the City may, in its sole discretion, -16- Draft #4.1