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8 <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 />paragraph 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, Sel ler 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 a gents 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 />(hereafter "the Ph ase I"), at Buyer's expense. Should the Phase I disclose that one or more <br />