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(f) Bankruptcy. Owner is not the subject of a voluntary or involuntary <br /> bankruptcy, reorganization, or insolvency petition. <br /> (g) Work Contracts. At the Closing, there will be no outstanding amounts <br /> owing by Owner under any Contracts for any improvements to the Real Property. Owner shall <br /> cause to be discharged all mechanics' and materialmen's liens arising from any labor and <br /> materials furnished prior to the Closing, and shall have eliminated from title all exceptions, <br /> claims, and defects other than the Permitted Exceptions. No person or entity holds any rights to <br /> purchase or otherwise acquire all or any portion of the Property (or interest therein), including <br /> pursuant to any Option Agreement, option, right of first offer, right of first refusal, gift or other <br /> agreement. <br /> (h) Other Contracts. Exhibit E to this Agreement sets forth a complete and <br /> accurate list of Contracts (other than insurance policies) affecting the Property, and neither <br /> Owner nor any provider under any of the Contracts has asserted any breach or default thereunder. <br /> Owner has not received any written notice of a Owner default and Owner has no knowledge of <br /> any existing Owner defaults under the Contracts. Owner has not received any written notice of a <br /> default by another party, and Owner has no knowledge of any existing other party default under <br /> the Contracts. Prior to Closing, Owner shall not amend any existing Contract or enter into any <br /> new Contract affecting the Property that will survive the Closing, or that would otherwise affect <br /> the use, operation or enjoyment of the Property after Closing, without Optionee's prior written <br /> approval. <br /> (i) No Commitments. Owner has not made any commitments to any <br /> governmental authority, to any adjoining property owner, or to any other organization, group, <br /> individual or entity relating to the Real Property which would impose any obligations upon <br /> Optionee to make any contributions of money or land or to install or maintain any improvements. <br /> (j) Leases. Owner is the current landlord under the Existing Lease. Owner is <br /> not in default under the Existing Lease and to Owner's knowledge no default on the part of <br /> Tenant exists (and no event has occurred that with the passage of time or the giving of notice, or <br /> both, that would be a default) under the Existing Lease. Owner has not assigned or otherwise <br /> transferred any interest in the Existing Lease to any other party and Owner has not consented to <br /> any sublease or assignment of the Existing Lease by the Tenant. As of the Agreement Date and <br /> as of the Closing, there shall be no outstanding leasing costs, including without limitation <br /> commissions, free rent, tenant improvement costs or allowances, or other tenant inducements or <br /> concessions owing by the landlord under the Existing Lease. At the Closing, provided Optionee <br /> deposits in Escrow the Purchase Price and the Relocation Compensation in accordance with this <br /> Agreement, Owner shall assume all obligations to provide Relocation Benefits (as defined in <br /> Paragraph 25(a) to the Tenant. <br /> (k) Rights of Third Parties. Owner has not alienated, encumbered, transferred, <br /> leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except <br /> as set forth in the Title Report, and shall not enter into any such agreement that will not be <br /> removed prior to the Closing. There are no claims pending or threatened by any third party <br /> against Owner or any Owner Party relating to the Property. <br /> Option Agreement 20 Chemical <br /> 10.05. 2010 v.5 <br /> 16 <br />