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5. CONTINGENCIES. This Agreement shall not be binding on Purchaser unless and until it is approved by resolution by the Batesville City Council. This Agreement is subject to the City's current contract for sale of the Batesville Police Department to Bad Boy Mowers, LLC, and shall not be binding on either party unless and until said sale of the Police Department is complete. For purposes of timing of closing, the timeframe laid in Paragraph 4 of this Contract, the 60-90 days shall not start until it has been approved by the City Council and the sale of the Police Department has occurred, whichever is later. 6. REAL ESTATE TAXES AND CLOSING COSTS. Any taxes and special assessments due on or before closing shall be paid by Seller. Real estate taxes shall be apportioned as of midnight of the day preceding the date of closing. Seller and Purchaser shall split ordinary closing costs. Seller will bear the cost of an owner's title insurance policy. 7. NO BROKER OR AGENTS. The parties represent that neither party has employed the services of a real estate agent or broker in connection with the Property, or that if such an agent has been employed, the party employing the agent will pay any and all expenses outside the closing of this Agreement. 8. REPRESENTATIONS. Seller represents that as of the date of closing there will be no liens, assessments or security interests which will not be satisfied out of the sale proceeds. Seller represents that the Property may legally be used as zoned and that no government agency has served any notice to Seller requiring repairs, alteration or corrections of any existing condition. Seller represents that: (a) the Property is not the subject of any judicial or administrative notice or action relating to hazardous waste or environmental contamination; (b) Seller has received no notice of any claim or violation of any law or regulation having to do with environmental protection; (c) no hazardous or toxic substances have been stored, processed, or disposed of on the Property during the period that Seller has owned the Property; and (d) no underground storage tanks are located on the Property. 9. AGREEMENT OF PARTIES. This Agreement shall contain the entire understanding and agreement between Seller and Purchaser with respect to all matters referred to herein and shall supersede all prior or contemporaneous agreements, representations, discussions and understandings, oral or written, with respect to such matters. 2of4