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and the joinder of no person or entity other than Seller will be necessary to convey the Property fully and <br />completely to Purchaser at Closing. <br />9.02 There are no adverse or other parties in possession of the Property or of any part <br />thereof. No person has been granted any license, lease or other right relating to the use or possession of the <br />Property or of any part thereof. <br />9.03 To the best of Seller's knowledge, there is no action, suit or proceedings pending or <br />threatened against or affecting the Property or any part thereof, or relating to or arising out of Seller's <br />ownership of the Property or any part thereof, or by any federal, state, county or municipal department, <br />commission, board, bureau or agency or other governmental instrumentality, nor is there any attachment, <br />execution, assignment for the benefit of creditors or voluntary or involuntary proceeding. in bankruptcy or <br />under other debtor relief laws contemplated by or pending or threatened against Seller or the Property. <br />9.04 There exist no contracts, service agreements or obligations affecting the Property <br />which are in addition to or different from those which have been furnished or otherwise disclosed to <br />Purchaser. <br />9.05 Seller has no knowledge of any release, discharge or storage of any Hazardous <br />Material on or upon the Real Property or any part thereof in violation of any Environmental Laws. Seller will <br />not permit, suffer or allow any such Hazardous Material to be released, discharged or stored upon the Real <br />Property or any part thereof in violation of any Environmental Laws at any time prior to Closing. <br />For purposes of this Agreement, Hazardous Materials means and includes petroleum, <br />petroleum byproducts, (including, but not limited to,) crude oil, diesel oil, fuel oil, gasoline, lubrication oil, <br />oil refuse, oil mixed with other waste, oil sludge, and all other liquid hydrocarbons, regardless of specific <br />gravity, natural or synthetic gas products, asbestos, PCB, and/or any hazardous substance or material, waste, <br />pollutant or contaminant, defined as such in (or for the purposes of) any Environmental Laws. For purposes <br />of this Agreement, Environmental Laws means the Comprehensive Environmental Response, Compensation <br />and Liability Act as amended, the Resource Conservation Recovery Act as amended, the Clean Air Act, the <br />Clean Water Act, any "Superfund" or "Superlien" law, the North Carolina Oil Pollution and Hazardous <br />Substance Control Act of 1976, or any other federal, state or local statute, law, ordinance, code, rule, <br />regulation, order or decree, regulating, relating to or imposing liability or standards of conduct concerning <br />any petroleum, petroleum byproduct (including, but not limited to, crude oil, diesel oil, fuel oil, gasoline, <br />lubrication oil, oil refuse, oil mixed with other waste, oil sludge, and all other liquid hydrocarbons, regardless <br />of specific gravity), natural or synthetic gas, asbestos, PCB, products and/or hazardous substance or material, <br />toxic or dangerous waste, substance or material, pollutant or contaminant, as may now or at any time <br />hereafter be in effect. <br />EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, IN <br />THIS AGREEMENT AND IN THE AGREEMENT FOR CONSTRUCTION MANAGEMENT <br />SERVICES BY AND BETWEEN SELLER AND PURCHASER, THE PROPERTY SHALL BE SOLD <br />TO PURCHASER IN "AS-IS", "WHERE AS" CONDITION. EXCEPT TO THE EXTENT <br />OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, ELSEWHERE IN THIS AGREEMENT <br />AND IN THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BY AND <br />BETWEEN SELLER AND PURCHASER, NEITHER SELLER, NOR ANY OF ITS MEMBERS, <br />MANAGERS, AFFILIATES, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, CONTRACTORS, <br />CONSULTANTS, AGENTS OR REPRESENTATIVES, NOR ANY PERSON PURPORTING TO <br />REPRESENT ANY OF THE FOREGOING, HAVE MADE ANY REPRESENTATION, WARRANTY, <br />-7- <br />