America Online 2010 Annual Report Download - page 152

6.1.11 Bankruptcy. No petition in bankruptcy (voluntary or otherwise), assignment for the benefit of creditors, or petition seeking reorganization or
arrangement or other action under Federal or State bankruptcy laws is pending against or contemplated by Seller.
6.1.12 Property Violations. Except for violations cured or remedied on or before the Effective Date, or except as otherwise disclosed on Schedule 6.1.12
attached hereto, Seller has not received any written notice from any Governmental Authority (hereinafter defined) of any violation of any
Applicable Laws (hereinafter defined) relating to the Property.
6.1.13 Environmental Violations. Except for violations cured or remedied on or before the Effective Date, or except as otherwise disclosed on Schedule
6.1.13, Seller has not received any written notice regarding any actual or potential liabilities arising under any Environmental Laws (hereinafter
defined), or otherwise requiring any remedial action from, or requiring payments by, Seller, Tenant or any subtenant in connection with any
alleged violation of any Environmental Laws.
6.1.14 Right of First Offer. Seller notified Raytheon in writing on August 18, 2010 of the price at which Seller intends to market the Property, together
with the other material terms and conditions of such listing. Thirty (30) days thereafter, on September 17, 2010, Seller received an e-mail from
Raytheon stating that Raytheon would not be exercising the Right of First Offer in connection with such notice. Copies of such notification and
emails have been delivered to Purchaser.
6.1.15 Seller's Knowledge. Whenever used in this Agreement, the phrase "to Seller's knowledge" or words of similar import shall be limited in
meaning to the current actual knowledge of Karen Diener, the Director of Real Estate for Seller, and John Tuthill, the Senior Facilities Manager
for Seller. Neither any officer of Seller, nor any party other than Seller, shall bear responsibility for any breach of representation. Seller represents
and warrants to Purchaser that Karen Diener and John Tuthill are the individuals who are primarily responsible for the oversight of the operation,
leasing and management of the Property.
6.1.16 Bonds. Seller holds no bonds related to the Property other than the Bonds.
6.1.17
Certain Definitions. For purposes of this Section 6.1 and as used elsewhere in this Agreement, the following terms shall have the meanings set
forth below:
(i) "Applicable Laws" shall mean all federal, state and local laws, treaties, statutes, ordinances, judgments, decrees, directives, rules, injunctions,
writs, regulations, binding arbitration rulings, orders, judicial or
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