Common use of Real Property Owned Clause in Contracts

Real Property Owned. Schedule 4.13 sets forth a description of each tract, parcel or subdivided lot of real property owned by Seller, the Company or any of the Subsidiaries (together with all improvements thereon and fixtures therein and all other rights appurtenant thereto but excluding all owned real property, if any, included in the Retained Assets, the "Owned Real Property"). As of the date hereof Seller or a Subsidiary has, and as of the Closing the Company or a Subsidiary will have, fee simple, and good, marketable and valid, title to the Owned Real Property identified on Schedule 4.13, free and clear of all Encumbrances (other than Permitted Encumbrances). None of the Owned Real Property is subject to any lease or occupancy agreement, and, except as set forth on Schedule 4.13, none of such Owned Real Property currently is or has been subject to any material lease or occupancy agreement at any time during the past three (3) years. All of Seller's, the Company's and the Subsidiaries' facilities located on the Owned Real Property are supplied with utilities and other material public services reasonably necessary for the operation by Seller, the Company or such Subsidiary of such facilities, all of which services are adequate in all material respects in accordance with all applicable Requirements of Law. All of the Owned Real Property that is currently vacant or on which there is a vacant or non-operating theatre is set forth on Schedule 4.13(b), along with a description of each such Owned Real Property including (i) the purpose for which the property has been used prior to the date hereof (by Parent, Seller, the Company, any Subsidiary or any of their respective Affiliates, or, if not used by any such party, by the Person from which the property was acquired), (ii) a description of all material structures on the property, and (iii) the material reasons why such Owned Real Property is not currently in use.

Real Property Owned. (a) Set forth on Schedule 4.13 sets forth 3.9(a) hereto is a legal description of each parcel of Real Property, a description of each tract, parcel the title insurance policy or subdivided lot other evidence of real property owned by Seller, the Company or any title issued with respect thereto and a description of the Subsidiaries type of use of each such parcel. Except for (together i) current Taxes or assessments due but not yet payable and (ii) Liens of record set forth on Schedule 3.9(a), none of which is substantial in character or amount and none of which interferes with all improvements thereon and fixtures therein and all other rights appurtenant thereto but excluding all owned real property, if any, included in the Retained Assets, the "Owned Real Property"). As present use of the date hereof Real Property in any material way ( Permitted Liens ), a Seller or a Subsidiary has, Group Person has good and as of the Closing the Company or a Subsidiary will have, fee simple, and good, marketable and valid, title to the Owned Real Property identified on Schedule 4.13, free and clear of all Encumbrances (Liens and there exists no restriction on the use or transfer of the Real Property. No Seller Group Person has in connection with the Business any interest in or any right or obligation to acquire any interest in any parcel of real property other than Permitted Encumbrancesthose described on Schedule 3.9(a). (b) All improvements located on, and the use presently being made of, the Real Property comply, in all material respects, with all applicable zoning and building codes, ordinances and regulations and all applicable fire, environmental, occupational safety and health standards and similar standards established by Law and, to the knowledge of each Seller Group Person, the same use thereof by Buyer will not result in any violation of any such code, ordinance, regulation or standard. None The present use and operation of the Owned Real Property does not constitute a non-conforming use and is not subject to any lease or occupancy agreement, and, except a variance. Except as set forth on Schedule 4.133.9(b), none to the knowledge of each Seller Group Person, there is no proposed, pending or threatened change in any such Owned code, ordinance, regulation or standard which would adversely affect the Business of the use of the Purchased Assets. (c) At and after the Closing, a Buyer Company or a Purchased Entity shall have the right to maintain or use such space, facilities or appurtenances outside the building lines, whether on, over or under the ground, and to conduct such activities thereon as maintained, used or conducted by any Seller Group Person in connection with the Business on the date hereof and the Closing Date and such right is not subject to revocation. At and after the Closing, a Buyer Company or a Purchased Entity shall have all rights, easements and agreements necessary for the use and maintenance of water, gas, electric, telephone, sewer or other utility pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Real Property. No proceeding is pending or, to the knowledge of each Seller Group Persons, threatened which could adversely affect the zoning classification of the Real Property. (d) There is no unpaid property Tax, levy or assessment against the Real Property currently not reflected on the Balance Sheet, nor is there pending or, to the knowledge of each Seller Group Person, threatened any condemnation proceeding against the Real Property or has been any portion thereof, other than increases on or after the Closing in ad valorem taxes in accordance with past practice. The Real Property consists of one or more legally subdivided parcels, and the sale thereof as contemplated herein conforms to and complies with all subdivision, land use and Environmental Laws. No part of any improvements on the Real Property encroaches upon any property adjacent thereto or upon any easement, nor is there any encroachment or overlap on to the Real Property. Except as set forth as Schedule 3.9(d), to the knowledge of each Seller Group Person, the Real Property is not located within an area of special risk or hazard with respect to earthquake, flood or other natural disaster, and the Real Property is not located within any flood plain or subject to any material lease similar type of restrictions for which permits or occupancy agreement at licenses are necessary to the use thereof. Other than as described in Schedule 3.38, no Seller Group Person has dealt with any time during broker, finder or other person in connection with the past three (3) years. All sale of Seller's, the Company's and the Subsidiaries' facilities located on the Owned Real Property are supplied with utilities and other material public services reasonably necessary in any manner that might give rise to any claim for the operation by Seller, the commissions against any Buyer Company or such Subsidiary of such facilities, all of which services are adequate in all material respects in accordance with all applicable Requirements of Law. All of Purchased Entity or any Lien against the Owned Real Property that is currently vacant or on which there is a vacant or non-operating theatre is Property. (e) Except as set forth on Schedule 4.13(b3.9(e), along with a description to the knowledge of each such Owned Seller Group Person, there is no condition affecting the Real Property including or the improvements located thereon which requires repair or correction to restore the same to reasonable operating condition. Set forth on Schedule 3.9(e) are copies of documents, reports and agreements relating to any such conditions. No assessments for public improvements have been made in respect of the Real Property which are unpaid. Except as otherwise described on Schedule 3.9(e): (i) the purpose for which the property has been used prior there is no pending or, to the date hereof (by Parentknowledge of each Seller Group Person, Sellerthreatened condemnation proceeding, administrative action or judicial proceeding of any type relating to the CompanyReal Property or other matters affecting adversely the current use, any Subsidiary occupancy or any value of their respective Affiliates, or, if not used by any such party, by the Person from which the property was acquired), Real Property; (ii) a description the Real Property does not serve any adjoining property for any purpose inconsistent with the use of all material structures on the property, and Real Property; (iii) there are no leases, subleases, licenses, concessions or other agreements, written or oral, granting to any person or entity the material reasons why such Owned right to use or occupy any portion of the Real Property; (iv) all water, gas, electrical, steam, compressed air, telecommunication, sanitary and storm sewage lines and other utilities and systems serving the Real Property is not are sufficient to enable the continued operation of the Real Property as currently operated and as proposed to be operated; (v) all certificates of occupancy, permits, licenses, approvals and other authorizations required in useconnection with the past, present and proposed operation of its business on the Real Property have been lawfully issued to a Seller Group Person and are, as of the date hereof, and will be following the consummation of the transactions contemplated hereby, in full force and effect; and (vi) all Real Property has access to public roads and utilities necessary to conduct the Business at such Real Property.

Real Property Owned. Section 2.8(b) of the Disclosure Schedule 4.13 sets forth a description of each tract, parcel or subdivided lot of ------------------- -------------- lists and describes briefly all real property owned by Seller, the Company that PST owns or any of the Subsidiaries has contracted to purchase (together with all improvements thereon and fixtures therein and all other rights appurtenant thereto but excluding all "prospectively owned real property, if any, included in the Retained Assets, the "Owned Real Property"). As With respect to each such parcel of owned or prospectively owned real property: (i) the date hereof Seller or a Subsidiary has, identified owner has good and as of the Closing the Company or a Subsidiary will have, fee simple, and good, marketable and valid, title to the Owned Real Property identified on Schedule 4.13parcel of real property, free and clear of all Encumbrances any lien, encumbrance, claim, easement, covenant, or other restriction, except for installments of special assessments not yet delinquent and recorded easements, covenants, and other restrictions which do not impair the current use, occupancy, or value, or the marketability of title, of the property subject thereto; (ii) there are no pending or threatened condemnation proceedings, lawsuits, or administrative actions relating to the property or other matters affecting adversely the current use, occupancy, or value thereof; (iii) the legal description for the parcel contained in the deed thereof describes such parcel fully and adequately, the buildings and improvements are located within the boundary lines of the described parcels of land, are not in violation of applicable setback requirements, zoning laws, and ordinances (and none of the properties or buildings or improvements thereon are subject to "permitted non-conforming use" or "permitted non-conforming structure" classifications), and do not encroach on any easement which may burden the land, and the land does not serve any adjoining property for any purpose inconsistent with the use of the land, and the property is not located within any flood plain or subject to any similar type restriction for which any permits or licenses necessary to the use thereof have not been obtained; (iv) there are no leases, subleases, licenses, concessions, or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the parcel of real property; (v) there are no outstanding options or rights of first refusal to purchase the parcel of real property, or any portion thereof or interest therein; (vi) there are no parties (other than Permitted Encumbrances). None PST or, in the case of prospectively owned real property, the seller thereof) in possession of the Owned Real Property is subject parcel of real property, other than tenants under any leases disclosed in Section 2.8 (c) of --------------- the Disclosure Schedule who are in possession of space to any lease or occupancy agreement, and, except as set forth on Schedule 4.13, none of such Owned Real Property currently is or has been subject to any material lease or occupancy agreement at any time during the past three which they are entitled; (3vii) years. All of Seller's, the Company's and the Subsidiaries' all facilities located on the Owned Real Property parcel of real property are supplied with utilities and other material public services reasonably necessary for the operation by Seller, the Company or such Subsidiary of such facilities, including gas, electricity, water, telephone, sanitary sewer, and storm sewer, all of which services are adequate in all material respects in accordance with all applicable Requirements laws, ordinances, rules, and regulations and are provided via public roads or via permanent, irrevocable, appurtenant easements benefiting the parcel of Law. All real property; and (viii) each parcel of real property abuts on and has direct vehicular access to a public road, or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the Owned Real Property that is currently vacant or on which there is a vacant or non-operating theatre is set forth on Schedule 4.13(b), along with a description parcel of each such Owned Real Property including (i) the purpose for which the property has been used prior to the date hereof (by Parent, Seller, the Company, any Subsidiary or any of their respective Affiliates, or, if not used by any such party, by the Person from which the property was acquired), (ii) a description of all material structures on the real property, and (iii) access to the material reasons why such Owned Real Property property is not currently in useprovided by paved public right-of-way with adequate curb cuts available.

Real Property Owned. Schedule 4.13 sets forth a description of each tract, parcel or subdivided lot of real property owned by Seller, the Company or any of the Subsidiaries (together with all improvements thereon and fixtures therein and all other rights appurtenant thereto but excluding all owned real property, if any, included in the Retained Assets, the "“Owned Real Property"”). As of the date hereof Seller or a Subsidiary has, and as of the Closing the Company or a Subsidiary will have, fee simple, and good, marketable and valid, title to the Owned Real Property identified on Schedule 4.13, free and clear of all Encumbrances (other than Permitted Encumbrances). None of the Owned Real Property is subject to any lease or occupancy agreement, and, except as set forth on Schedule 4.13, none of such Owned Real Property currently is or has been subject to any material lease or occupancy agreement at any time during the past three (3) years. All of Seller's’s, the Company's ’s and the Subsidiaries' ’ facilities located on the Owned Real Property are supplied with utilities and other material public services reasonably necessary for the operation by Seller, the Company or such Subsidiary of such facilities, all of which services are adequate in all material respects in accordance with all applicable Requirements of Law. All of the Owned Real Property that is currently vacant or on which there is a vacant or non-operating theatre is set forth on Schedule 4.13(b), along with a description of each such Owned Real Property including (i) the purpose for which the property has been used prior to the date hereof (by Parent, Seller, the Company, any Subsidiary or any of their respective Affiliates, or, if not used by any such party, by the Person from which the property was acquired), (ii) a description of all material structures on the property, and (iii) the material reasons why such Owned Real Property is not currently in use.

Real Property Owned. Schedule 4.13 sets forth 3.11 contains a complete and accurate list and describes in reasonable detail and contains a legal description of each tract, parcel or subdivided lot of all real property owned by Seller, any Acquired Company (the Company or any of the Subsidiaries (together with all improvements thereon and fixtures therein and all other rights appurtenant thereto but excluding all owned real property, if any, included in the Retained Assets, the "“Owned Real Property"”). As With respect to each parcel of the date hereof Seller or a Subsidiary hasreal property listed in Schedule 3.11, except as otherwise indicated in Schedule 3.11: (a) The Acquired Companies have good and as of the Closing the Company or a Subsidiary will have, marketable fee simple, and good, marketable and valid, simple title to the Owned Real Property identified on Schedule 4.13Property, free and clear of all Encumbrances Encumbrances, easements and other restrictions, other than installments of real property taxes and special assessments not yet delinquent; (b) The Acquired Companies have not received any notice of pending condemnation or eminent domain proceedings that affect the Owned Real Property and, to the Knowledge of the Acquired Companies and Shareholder, there are no threatened or contemplated condemnation or eminent domain proceedings that affect the Owned Real Property, and no Acquired Company has received any notice, oral or written, of the intention of any Governmental Authority or other Person to take or use all or any part thereof under the power of eminent domain; (c) There are no leases, subleases, licenses, concessions or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the Owned Real Property, except for possible incidental and temporary use, none of which, if any, would be binding on any Acquired Company following Closing; (d) There are no outstanding options or rights of first refusal to purchase any of the Owned Real Property, or any portion thereof or interest therein; (e) There are no Persons (other than Permitted Encumbrances). None the Acquired Company) in possession of any of the Owned Real Property; (f) To the best of the Acquired Companies’ Knowledge, each component of the Owned Real Property is subject to any lease or occupancy agreement, andin good operating condition and repair, except for ordinary wear and tear, maintenance, repairs and replacements conducted or required in the ordinary course of the operation of the Owned Real Property and maintenance, repairs and replacements that do not adversely affect the operation of any of the Owned Real Property as the same are now operated; (g) The Leased Real Property and the Owned Real Property comprise all of the real property used by any Acquired Company in connection with the Business; (h) The Owned Real Property is legally subdivided and consists of separate tax lots so that it is assessed separate and apart from any other property; (i) Except as set forth on Schedule 4.13, none of such Owned Real Property currently is or has been subject to any material lease or occupancy agreement at any time during the past three (3) years. All of Seller's3.11, the Company's and the Subsidiaries' facilities located on the Owned Real Property are supplied with utilities and other material public services reasonably necessary for the operation by Seller, the Company or such Subsidiary of such facilities, all of which services are adequate in all material respects in accordance with all applicable Requirements of Law. All of the Owned Real Property that is currently vacant or on which there is a vacant or non-operating theatre is set forth on Schedule 4.13(b), along with a description of each such Owned Real Property including (i) the purpose for which the property has been used prior to the date hereof (by Parent, Seller, the Company, any Subsidiary or any of their respective Affiliates, or, if not used by any such party, by the Person from which the property was acquired), (ii) a description of all material structures on the property, and (iii) the material reasons why such Owned Real Property is not currently located in useany special flood hazard area designated by any federal, state, county or local government agencies having jurisdiction over the Owned Real Property; (j) Except as set forth on Schedule 3.11, no work has been performed on or materials supplied to the Owned Real Property within any applicable statutory period which could give rise to mechanic’s or materialmen’s liens; and (k) Schedule 3.11 sets forth a true, correct and complete list of all title insurance commitments, title insurance policies, surveys, site plans, engineering reports and hazardous waste reports prepared with respect to the Owned Real Property, copies of which have previously been made available to Buyer.

Real Property Owned. (a) Set forth on Schedule 4.13 sets forth 3.9(a) hereto is a legal description of each parcel of Real Property, a description of each tract, parcel the title insurance policy or subdivided lot other evidence of real property owned by Seller, the Company or any title issued with respect thereto and a description of the Subsidiaries type of use of each such parcel. Except for (together i) current Taxes or assessments due but not yet payable and (ii) Liens of record set forth on Schedule 3.9(a), none of which is substantial in character or amount and none of which interferes with all improvements thereon and fixtures therein and all other rights appurtenant thereto but excluding all owned real property, if any, included the present use of the Real Property in the Retained Assets, the any material way ("Owned Real PropertyPermitted Liens"). As of the date hereof , a Seller or a Subsidiary has, Group Person has good and as of the Closing the Company or a Subsidiary will have, fee simple, and good, marketable and valid, title to the Owned Real Property identified on Schedule 4.13, free and clear of all Encumbrances (Liens and there exists no restriction on the use or transfer of the Real Property. No Seller Group Person has in connection with the Business any interest in or any right or obligation to acquire any interest in any parcel of real property other than Permitted Encumbrancesthose described on Schedule 3.9(a). (b) All improvements located on, and the use presently being made of, the Real Property comply, in all material respects, with all applicable zoning and building codes, ordinances and regulations and all applicable fire, environmental, occupational safety and health standards and similar standards established by Law and, to the knowledge of each Seller Group Person, the same use thereof by Buyer will not result in any violation of any such code, ordinance, regulation or standard. None The present use and operation of the Owned Real Property does not constitute a non-conforming use and is not subject to any lease or occupancy agreement, and, except a variance. Except as set forth on Schedule 4.133.9(b), none to the knowledge of each Seller Group Person, there is no proposed, pending or threatened change in any such Owned code, ordinance, regulation or standard which would adversely affect the Business of the use of the Purchased Assets. (c) At and after the Closing, a Buyer Company or a Purchased Entity shall have the right to maintain or use such space, facilities or appurtenances outside the building lines, whether on, over or under the ground, and to conduct such activities thereon as maintained, used or conducted by any Seller Group Person in connection with the Business on the date hereof and the Closing Date and such right is not subject to revocation. At and after the Closing, a Buyer Company or a Purchased Entity shall have all rights, easements and agreements necessary for the use and maintenance of water, gas, electric, telephone, sewer or other utility pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Real Property. No proceeding is pending or, to the knowledge of each Seller Group Persons, threatened which could adversely affect the zoning classification of the Real Property. (d) There is no unpaid property Tax, levy or assessment against the Real Property currently not reflected on the Balance Sheet, nor is there pending or, to the knowledge of each Seller Group Person, threatened any condemnation proceeding against the Real Property or has been any portion thereof, other than increases on or after the Closing in ad valorem taxes in accordance with past practice. The Real Property consists of one or more legally subdivided parcels, and the sale thereof as contemplated herein conforms to and complies with all subdivision, land use and Environmental Laws. No part of any improvements on the Real Property encroaches upon any property adjacent thereto or upon any easement, nor is there any encroachment or overlap on to the Real Property. Except as set forth as Schedule 3.9(d), to the knowledge of each Seller Group Person, the Real Property is not located within an area of special risk or hazard with respect to earthquake, flood or other natural disaster, and the Real Property is not located within any flood plain or subject to any material lease similar type of restrictions for which permits or occupancy agreement at licenses are necessary to the use thereof. Other than as described in Schedule 3.38, no Seller Group Person has dealt with any time during broker, finder or other person in connection with the past three (3) years. All sale of Seller's, the Company's and the Subsidiaries' facilities located on the Owned Real Property are supplied with utilities and other material public services reasonably necessary in any manner that might give rise to any claim for the operation by Seller, the commissions against any Buyer Company or such Subsidiary of such facilities, all of which services are adequate in all material respects in accordance with all applicable Requirements of Law. All of Purchased Entity or any Lien against the Owned Real Property that is currently vacant or on which there is a vacant or non-operating theatre is Property. (e) Except as set forth on Schedule 4.13(b3.9(e), along with a description to the knowledge of each such Owned Seller Group Person, there is no condition affecting the Real Property including or the improvements located thereon which requires repair or correction to restore the same to reasonable operating condition. Set forth on Schedule 3.9(e) are copies of documents, reports and agreements relating to any such conditions. No assessments for public improvements have been made in respect of the Real Property which are unpaid. Except as otherwise described on Schedule 3.9(e): (i) the purpose for which the property has been used prior there is no pending or, to the date hereof (by Parentknowledge of each Seller Group Person, Sellerthreatened condemnation proceeding, administrative action or judicial proceeding of any type relating to the CompanyReal Property or other matters affecting adversely the current use, any Subsidiary occupancy or any value of their respective Affiliates, or, if not used by any such party, by the Person from which the property was acquired), Real Property; (ii) a description the Real Property does not serve any adjoining property for any purpose inconsistent with the use of all material structures on the property, and Real Property; (iii) there are no leases, subleases, licenses, concessions or other agreements, written or oral, granting to any person or entity the material reasons why such Owned right to use or occupy any portion of the Real Property; (iv) all water, gas, electrical, steam, compressed air, telecommunication, sanitary and storm sewage lines and other utilities and systems serving the Real Property is not are sufficient to enable the continued operation of the Real Property as currently operated and as proposed to be operated; (v) all certificates of occupancy, permits, licenses, approvals and other authorizations required in useconnection with the past, present and proposed operation of its business on the Real Property have been lawfully issued to a Seller Group Person and are, as of the date hereof, and will be following the consummation of the transactions contemplated hereby, in full force and effect; and (vi) all Real Property has access to public roads and utilities necessary to conduct the Business at such Real Property.

Real Property Owned. Schedule 4.13 sets forth 3.11 lists and describes in reasonable detail and contains a legal description of each tract, parcel or subdivided lot of all real property owned by Seller, the Company or any of the Subsidiaries Delta (together with all improvements thereon and fixtures therein and all other rights appurtenant thereto but excluding all owned real property, if any, included in the Retained Assets, the "Owned Real Property"). As With respect to each parcel of the date hereof Seller or a Subsidiary hasreal property listed in Schedule 3.11, except as otherwise indicated in Schedule 3.11: (a) Delta has good and as of the Closing the Company or a Subsidiary will have, marketable fee simple, and good, marketable and valid, simple title to the Owned Real Property identified on Schedule 4.13Property, free and clear of all Encumbrances mortgages, pledges, security interests, encumbrances, covenants, charges or other liens, easements and other restrictions, other than installments of real property taxes and special assessments not yet delinquent; (b) Delta and each Shareholder has not received any notice of pending condemnation or eminent domain proceedings that affect the Owned Real Property and, to the knowledge of Delta and the Shareholders, there are no threatened or contemplated condemnation or eminent domain proceedings that affect the Owned Real Property, and Delta and each Shareholder has not received any notice, oral or written, of the intention of any governmental entity or other Person to take or use all or any part thereof under the power of eminent domain; (c) there are no leases, subleases, licenses, concessions or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the Owned Real Property, except for possible incidental and temporary use, none of which, if any, would be binding on Delta following Closing; (d) there are no outstanding options or rights of first refusal to purchase any of the Owned Real Property, or any portion thereof or interest therein; (e) there are no Persons (other than Permitted Encumbrances). None Delta) in possession of any of the Owned Real Property; (f) each component of the Owned Real Property is subject to in good operating condition and repair, except for ordinary wear and tear, maintenance, repairs and replacements conducted or required in the ordinary course of the operation of the Owned Real Property and maintenance, repairs and replacements that do not adversely affect the operation of any lease or occupancy agreement, and, of the Owned Real Property as the same are now operated; (g) the Leased Real Property and the Owned Real Property comprise all of the real property used by Delta in connection with the Business; (h) the Owned Real Property is legally subdivided and consists of separate tax lots so that it is assessed separate and apart from any other property; (i) except as set forth on Schedule 4.13, none of such Owned Real Property currently is or has been subject to any material lease or occupancy agreement at any time during the past three (3) years. All of Seller's3.11, the Company's and the Subsidiaries' facilities located on the Owned Real Property are supplied with utilities and other material public services reasonably necessary for the operation by Seller, the Company or such Subsidiary of such facilities, all of which services are adequate in all material respects in accordance with all applicable Requirements of Law. All of the Owned Real Property that is currently vacant or on which there is a vacant or non-operating theatre is set forth on Schedule 4.13(b), along with a description of each such Owned Real Property including (i) the purpose for which the property has been used prior to the date hereof (by Parent, Seller, the Company, any Subsidiary or any of their respective Affiliates, or, if not used by any such party, by the Person from which the property was acquired), (ii) a description of all material structures on the property, and (iii) the material reasons why such Owned Real Property is not currently located in useany special flood hazard area designated by any federal, state, county or local government agencies having jurisdiction over the Owned Real Property; (j) except as set forth on Schedule 3.11, no work has been performed on or materials supplied to the Owned Real Property within any applicable statutory period which could give rise to mechanic's or materialmen's liens; (k) Schedule 3.11 sets forth a true, correct and complete list of all title insurance commitments, title insurance policies, surveys, site plans, engineering reports and hazardous waste reports prepared with respect to the Owned Real Property, copies of which have previously been made available by Delta to Buyer.