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(e) No lead or asbestos -containing materials were installed at any time during construction of the Levee Improvements. (f) No electrical transformers, light fixtures with ballasts or other equipment containing PCBs were installed at any time during construction of the Levee Improvements. (g) Between the date of this Agreement and the Closing Date, to the extent SCOA discovers Hazardous Materials, under or about the Levee Improvements, in violation of Environmental Laws, SCOA shall remediate the Hazardous Materials and obtain the issuance of closure letters without any requirement of further remedial work from all governmental agencies that may assert jurisdiction over the remediation of the Property or any adjacent property and provide copies of such closure letters to City. (h) SCOA shall pay, when due, all persons furnishing labor or materials in connection with the work of the Levee Improvements, and shall keep the Levee Assets free and clear of any mechanics' liens, property liens, or bonds. (i) SCOA has created (or caused to be created) and provided to City a manual detailing the operation and maintenance of all systems and components of the Levee Improvements which is attached hereto as Attachment 9 ("O&M Manual"). The O&M Manual has been approved by City. SCOA has and will continue to coordinate with City to allow City representatives to participate in operational and maintenance training of the Levee Improvements systems and equipment. SCOA's covenants in this Article VI shall survive the Closing for the Survival Period. No claim for a breach of any covenant of SCOA will be actionable or payable if City does not notify SCOA in writing of such breach prior to the expiration of the Survival Period and commence a "legal action" thereon within ninety (90) days of delivery of such written notice. Section 6.2 Seller Covenants. Between the date of this Agreement and the Closing Date, except as otherwise specifically permitted in this Agreement, Seller shall not in any manner sell, convey, assign, transfer, encumber or otherwise dispose of the Levee Assets or any part thereof or interest therein. Without limiting the foregoing, Seller shall not enter into any agreement or alter the condition of title to the Levee Assets without City's prior consent if the same would adversely affect the City's title in the Levee Assets after the Closing. If City so consents, such encumbrance shall become a Permitted Exception (as provided in Section 3.1). The foregoing covenants shall not be deemed to prohibit Seller construction financing, or any easements or licenses granted to the City or to utilities necessary and appropriate to the construction and operation of the Levee Improvements; provided any lender or mortgagee providing such Seller financing shall subordinate the lien of its mortgage, deed of trust or other financing instrument to the Levee Related Easements to be granted to City and no such mortgage or deed of trust shall encumber any portion of the Levee Assets Section 6.3 Levee Improvements Operations. Until the Closing, SCOA is solely responsible for maintaining the quality and safety of the Levee Improvements and operating the Levee Improvements and City shall have no obligations with respect thereto. From and after 4846-4218-3288 v36 2025.276 - SEAPORT PURCHASE AGREEMENT REV: 10-15-25 VR