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(d) No binding commitment has been made by CWH to any governmental
<br /> authority,utility company, or any other organization, group, or individual relating to the Premises or any
<br /> part thereof that imposes or could impose an obligation to make any contribution or dedication of money
<br /> or land or to construct, install, or maintain any improvements of a public or private nature on or off the
<br /> Premises. There is no condemnation or eminent domain proceeding pending that relates to the Premises
<br /> and,to CWH's Knowledge,there is no such proceeding threatened by any relevant governmental authority.
<br /> (e) Current access from the public right-of-way to the Mining Pods is the existing
<br /> Colorado Department of Transportation-approved access off of Highway 40. Internal haul roads access
<br /> within the Property will be as agreed upon by the parties. In addition, each Mining Pod is accessible for
<br /> the Permitted Use over existing agricultural drive ways.
<br /> (f) No person or entity,other than Tenant,occupies,possesses,or uses,or has any
<br /> right to occupy, possess, or use, the Premises (other than the reversionary interest of CWH, any State of
<br /> Colorado interest in Materials located within Mining Pods #1 and #4, and farm lease for areas not yet
<br /> permitted).
<br /> (g) No portion of the Premises is subject to any purchase options or other similar
<br /> rights in favor of third parties.
<br /> (h) CWH has not engaged in any operation or activity at or upon, or any use or
<br /> occupancy of,the Premises in any way involving the release of any Hazardous Materials on,under,in, or
<br /> about the Premises, or used,handled,transported,stored, or disposed of any Hazardous Materials to,from
<br /> or across the Premises, nor with respect to any adjacent properties in violation of Environmental
<br /> Requirements. To CWH's Knowledge, there exists no basis for any proceeding, citation, directive, or
<br /> summons involving the Premises related to either any violation or alleged violation of Environmental
<br /> Requirements,whether or not corrected,or any alleged liability for Environmental Damages. To CWH's
<br /> Knowledge, the Premises and all current activities and operations thereon currently comply with all
<br /> Environmental Requirements. CWH has supplied Tenant with true and complete copies of all notices,
<br /> reports, and other documents received by CWH or that are or in its possession or control relating to
<br /> Environmental Requirements concerning the Premises.
<br /> 10. REPRESENTATIONS & WARRANTIES OF CONNELL. Connell hereby represents
<br /> and warrants to Tenant the following as of the Commencement Date:
<br /> (a) The State Lease is in full force and effect and is binding upon the parties
<br /> thereto. Connell has not taken or failed to take any action that constitutes,or given the passage of time may
<br /> constitute,a breach or default thereunder. To Connell's Knowledge,no other party to the State Lease is in
<br /> breach or default thereunder. ("Connell's Knowledge" means the actual knowledge, after reasonable
<br /> inquiry,of Connell's Vice President,Tony A. Connell;Vice President and CFO,Sheri C.Welch; or Kevin
<br /> Anderson,Operations Manager.)
<br /> (b) The Permit is in full force and effect, and no breaches or defaults have occurred
<br /> thereunder.
<br /> (c) Connell has not engaged in any operation or activity at or upon, or any use or
<br /> occupancy of,the Premises in any way involving the release of any Hazardous Materials on,under,in, or
<br /> about the Premises,or used,handled,transported,stored,or disposed of any Hazardous Materials to,from
<br /> or across the Premises, nor with respect to any adjacent properties in violation of Environmental
<br /> Requirements. To Connell's Knowledge, there exists no basis for any proceeding, citation, directive, or
<br /> summons involving the Premises related to either any violation or alleged violation of Environmental
<br /> Requirements,whether or not corrected,or any alleged liability for Environmental Damages. To Connell's
<br /> Knowledge, the Premises and all current activities and operations thereon currently comply with all
<br /> Environmental Requirements. Connell has supplied Tenant with true and complete copies of all notices,
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