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8 <br /> (a) Title. At the Closing Date, Seller shall have good, marketable, and indefeasible <br /> fee simple title to the Property subject only to the Permitted Exceptions, and Seller is aware of <br /> no other matters that adversely affect title to the Property. <br /> (b) Leases. There are no leases, licenses, or other agreements granting any person <br /> or persons the right to use or occupy the Property or any portion thereof except as described in <br /> Section 3(d) of this Agreement. <br /> (c) Options. Seller has not granted any options nor is Seller committed nor <br /> obligated in any manner whatsoever to sell the Property or any portion thereof to any party <br /> other than Buyer. <br /> (d) Construction Liens. To the extent any improvements have been made or will be <br /> made to the Property prior to the Closing Date that might form the basis of mechanics' or <br /> materialmen's liens, Seller agrees to keep the Property free from such liens that might result <br /> and to indemnify, defend, and hold Buyer harmless from any and all such liens and all <br /> attorneys' fees and other costs incurred by reason thereof. <br /> (e) Reports. All Reports, certificates, and other documents containing factual <br /> information delivered by Seller, or by Seller's agents in connection with this Agreement, are <br /> and shall be, to the best of Seller's knowledge, true and complete and shall not contain any <br /> untrue statement of material fact or omit to state any material fact, the disclosure of which is <br /> necessary to make the statements contained therein and in this Agreement, in light of the <br /> circumstances under which they are made, not misleading. <br /> (f) Environmental. <br /> (1) Seller has no knowledge of any underground storage tanks being located <br /> on the Property. Buyer agrees to perform a Phase I Environmental Assessment of the Property <br /> 3 <br />