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Notwithstanding the foregoing, Seller does not represent, warrant or guarantee that the Real Estate is free from contamination, whether existing prior to Seller's ownership, or caused by parties other than Seller, or otherwise. It is expressly understood and agreed that Seller is selling the Real Estate to Buyer and Buyer's successors and assigns, and that Buyer is purchasing the Real Estate from Seller, on an "as -is, with all faults, non - recourse" basis, and Seller shall have no obligation to pay for any site remediation work. (f) To the best of Seller's knowledge the Real Estate (i) does not contain any facility that is subject to reporting under Section 3.12 of the Emergency Planning and Right to Know Act of 1986 (42 USCS §1022), (ii) is not the site of one or more underground storage tanks for which notification is required under 42 USCS §67991a or Ind. Code 13- 7- (A)(8), and (iii) is not listed on the Comprehensive Environment Response Compensation and Liability Information System (CERCLIS) in accordance with Section 116 of the CERCLA (42 USCS §96.16); and (g) The terms of any mortgage or other security instrument encumbering the Real Estate does not prohibit the grant of this Option, preclude the performance by Seller of its obligations hereunder or impair the rights of Buyer under this Agreement (assuming performance by Buyer of its obligations hereunder). Seller's representations shall be true and correct as of Closing. Seller's representations and warranties shall survive the Closing for a period of one year. 16. Notice. Any notice, request, demand, instruction or other communication (a "Notice ") to be given to any party with respect to this Agreement may be given either by the party or its counsel and shall be deemed to have been properly sent and given when delivered by hand or when sent by certified mail, return receipt requested, or by reputable courier service. If delivered by hand, a Notice shall be deemed to have been sent, given and received when actually received by the addressee. If sent by certified mail, a Notice shall be deemed to have been sent and given when properly deposited with the United States Postal Service with the proper address and postage paid therewith, and shall be deemed to have been received on the third (3rd) business day following the date of such deposit, whether or not actually received by addressee. If sent by a reputable overnight courier service, a Notice shall be deemed to have been sent and given when delivered to said courier service with the proper address and delivery charges either prepaid or charged to a proper account, and shall be deemed to have been received on the second business day thereafter. The addresses to which Notices shall be sent are as follows: If to Seller: City of South Bend Redevelopment Commission Attn: Marcia Jones 227 W. Jefferson Blvd. 7