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...,«.. _.. .. ~i <. W 4..~. ,,~ ..,.vim, . _ _, ~. ...-~. ~.~„r ~,... _~:. , <br />~. ,~,, <br />1 <br />~ ~ .~ <br />not in default with respect to any judgment, order, writ of injunction or decree of any <br />court or governmental agency; , <br />(d) Except for parties to contracts listed on Schedule 1.1(g), there are <br />no third parties in possession of the Property or who have a right to possession thereof; <br />(e) Seller has not received any notice from a governmental authority <br />of violation of any statute, ordinance, requirement or regulation applicable to the Property <br />which has not been cured; <br />(f) Except as set forth on Schedule 3.1(f), to the knowledge of Seller, <br />there are no underground petroleum storage tanks now or formerly on the Premises; <br />(g) Except as set forth on Schedule 3.1(g), to the knowledge of Seller, <br />Seller has not treated, generated, stored, leaked or disposed of hazardous material or <br />other environmental pollutants on or under the Premises in violation of any applicable <br />federal, state, or local law or regulation; and to the best of Sellers knowledge and belief, <br />there has not been any such treatment, generation, storage, leakage or disposal on or <br />under the Property by others prior to Seller's ownership of the Property. Seller shall <br />furnish to the City copies of any environmental assessment and/or soil boring reports <br />concerning the Premises which Seller has or obtains on or prior to the Closing; <br />(h) To the knowledge of Seller, there is no asbestos present in any <br />buildings or structures located on the Premises; <br />(i) All gratuitous playing or use privileges which Seller has granted to <br />any person or entity shall expire on December 31, 1994; <br />(j) All heating, air conditioning, electrical and plumbing systems and <br />equipment in the buildings and structures located on the Property, and all sprinkler, <br />underground drainage water distribution systems located on the Property, are in working <br />order; and <br />(k) Seller has good and marketable title to the assets being purchased <br />hereunder, free of any liens or encumbrances. <br />4 CERTAIN COVENANTS OF SELLER AND THE CITY. <br />4.1 The Seller covenants and agrees as follows: <br />(a) The officials of the City and its authorized representatives, <br />including, but not limited to, its attorneys and accountants, shall have full and complete <br />access at all reasonable times to the Property and the books, files and records of Y ~e <br />4 <br />