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5. CONTINGENCIES. <br /> This Agreement shall not be binding on Purchaser unless and until it is approved by <br /> resolution by the Batesville City Council. For purposes of timing of closing, the timeframe <br /> laid in Paragraph 4 of this Contract, the 90 days shall not start until it has been approved by <br /> the City Council and the sale of the Police Department has occurred, whichever is later. <br /> 6. REAL ESTATE TAXES AND CLOSING COSTS. <br /> Any taxes and specials assessments due on or before closing shall be paid by Seller. Real <br /> Estate taxes shall be appointed as of midnight of the day preceding the date of closing.Seller <br /> and Purchaser shall split ordinary closing costs. Seller will bear the cost of an owner's title <br /> insurance policy. <br /> 7. NO BROKER OR AGENTS. <br /> The parties represent that neither party has employed the services of a real estate agent or <br /> broker in connection with the Property,or that if such an agent has been employed,the party <br /> employing the agent will pay any and all expenses outside the closing of this Agreement. <br /> 8. REPRESENTATIONS. <br /> Seiler represents that as of the date of closing there will be no liens, assessments or security <br /> interest which will not be satisfied out of the sale proceeds. <br /> Seller represents that the Property may legally be used as zoned and that no government <br /> agency has served any notice to seller requiring repairs, alterations, or corrections of any <br /> existing condition. <br /> Seller represents that: (a) the Property is not the subject of any judicial or administration <br /> notice or action relating to hazardous waste or environmental contamination; (b) Seller has <br /> received no notice of any claim or violation of any law or regulation having to do with <br /> environmental protection; (c)no hazardous or toxic substances have been stored,processed, <br /> or disposed of on the property during the period that Seller has owned the Property; and (d) <br /> no underground storage tanks are located on the Property. <br /> 9. AGREEMENT OF PARTIES. <br /> This Agreement shall contain the entire understanding and agreement between Seller and <br /> Purchaser with respect to all matters referred to herein and shall supersede all prior or <br /> contemporaneous agreements, representations, discussions and understandings, oral or <br /> written,with respect to such matters. <br />