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H. The City and the Commission carried out all appropriate inquiries into the <br />previous ownership and uses of the Property in accordance with generally accepted good <br />commercial and customary standards and practices. <br />I. On January 20, 2010, the EPA notified the City that they agreed with the <br />City's Hazardous Waste Site Eligibility Determination and that the Property is a <br />Brownfield Site and the Commission is not a Potentially Responsible Party ("PRP"), as <br />that teen is used in, and in connection with, the Comprehensive Environmental <br />Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq. <br />J. The Property was formerly a manufacturing site and is considered a <br />Brownfield site, under applicable State law, until such time as the Remediation Work is <br />complete. <br />K. The Property is not listed, or proposed for listing on the National Priorities <br />List of the EPA. <br />L. The Commission is not a generator or transporter of any waste or <br />hazardous waste located at the Property. <br />M. The Commission is not and has never been subject to any penalties <br />resulting from environmental non-compliance at or on the Property nor is the <br />Commission, or, to the best of its knowledge, its project contractors or subcontractors <br />currently suspended, debarred, or otherwise declared ineligible for participation in this <br />federal program or from the receipt of these funds. <br />N. A claim has not been asserted against the Commission for liability under <br />Section 107 of CERCLA, 42 U.S.C. Section 9607. <br />O. The Commission is not a Potentially Responsible Party under Section 107 <br />of CERCLA, 42 USC Section 9607, because the Commission has documented the BFPP <br />defense to CERCLA liability through materials submitted to EPA on January 15 and <br />January 25, 2010. <br />P. It is anticipated that the Loan Funds will be repaid to the City from Tax <br />Increment Funds. <br />Q. The Commission is executing concurrently herewith a Promissory Note in <br />the fornl of Exhibit D, attached hereto and incorporated herein ("Promissory Note"). <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, it <br />is mutually agreed by and between the parties as follows: <br />1. Incorporation of Recitals. The parties hereby expressly incorporate each of the <br />foregoing recitals (Recitals A through Q) as if fully set forth in this section. <br />2 <br />