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this Agreement upon written notice of at least 30 days to the Commission and an opportunity to cure. The notice shall include a clear description of the proposed cure and the approximate cost of the same. 8.5. The Commission recognizes that the Site Manager has the ability to stop the Remediation Work immediately in the event of an imminent and substantial threat to human health associated with it. 9. Representations and Warranties. 9.1. The City and the Commission represent and warrant to each other that: 9.2. The Property is not listed or proposed for listing on the National Priorities List of the EPA. 9.3. None of the parties has disposed of hazardous substances, pollutants or contaminants at or to the Property. 9.4. The making and performance by the parties of this Agreement does.not violate any provision of federal, state or local law, or result in a breach of or constitute a default under any agreement, indenture or other instrument to which the parties may be bound. 9.5. This Agreement has been duly authorized by the governing bodies of each entity, and has been validly executed and delivered, and is valid and binding on the parties. 9.6. There are no pending or threatened actions or proceedings before any court or administrative agency that may adversely affect the financial condition or operation of the parties. 9.7. The Commission represents and warrants as follows: 9.7.1. The Commission certifies that it is not now, and has not in the past, been subject to any penalties resulting from environmental non-compliance at the Property. 9.7.2. Neither the Commission nor its respective officers or contractor(s) retained to conduct the Remediation Work, have within a 3 year period preceding this Agreement been, convicted of or had a civil judgment rendered against them for (i) fraud or commission of a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction, (ii) violation of federal or state antitrust laws, or (iii) embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. 9.7.3. Neither the Commission nor its respective officers or contractor(s) retained to conduct the Remediation Work are presently indicted for or otherwise 9