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(vii) Liens. Except for Permitted Liens, neither the Seller nor any of the <br />Individuals have received notice of, and no Liens have been imposed by operation of <br />law (including statutory, mechanic's, laborer's, materialmen's, carrier's, workmen's, <br />repairmen's, landlord's, Liens under maritime law or other similar Liens) during the <br />twelve (12) months prior to the Execution Date. <br />(g) Litigation: DqMes. There are no judgments, orders or decrees of any <br />Governmental Authority against or affecting the Seller or any of the Individuals that relate to any <br />of the Purchased Assets that have not been satisfied or resolved. The Seller and the Individuals <br />are not in default under any judgment, order or decree that relates to any of the Purchased Assets. <br />(h) Compliance with Law. Except with respect to Environmental Laws <br />(which are addressed solely in Section 3.1 ' and Tax Laws (which are addressed solely in <br />Section 3. M, to Seller's Knowledge, the Seller has complied and is in compliance with all <br />Laws applicable to the Purchased Assets. The Seller and the Individuals have not received <br />notice of any actual or alleged violation of any Law and there are no Actions, orders or <br />investigations pending or, to the Knowledge of the Seller, threatened against or affecting the <br />Seller, any of the Individuals or any of the Purchased Assets that question the Seller's or the <br />Individual's compliance with any Law applicable thereto. <br />(i) Governmental Permits. <br />(i) Except for the Special Use Permit, to the Seller's Knowledge, (A) <br />those Governmental Permits shown on Section 3.1 (i)(ii) of the Disclosure Schedules <br />are valid and in full force and effect and the Seller is in compliance in all respects with <br />the requirements of such Governmental Permits; and (B) none of such Governmental <br />Permits will be subject to suspension, modification or revocation as a result of the <br />consummation of the Transactions, excluding any actions specifically required to be <br />taken by the Seller under this Agreement with regard to the Governmental Permits. <br />Except for the Special Use Permit, the Seller has not received any notice of <br />noncompliance relating to any Governmental Permit which is pending and unresolved <br />and no event has occurred that, to the Knowledge of the Seller, with or without notice <br />or the lapse of time or both, would reasonably be expected to result in the revocation, <br />suspension, lapse or limitation of any Governmental Permit. Buyer acknowledges that <br />it may need to apply for and obtain additional permits in order to operate the Business <br />on the Owned Real Property, such as air quality permits, erosion control and/or storm <br />water permits, and transportation permits, all of which Buyer agrees to obtain in <br />accordance with the requirements set forth in Section 4.1(a)(ii) in its name, at Buyer's <br />expense, and prior to any mining of the Owned Real Property. If Buyer does not <br />purchase the Purchased Assets, subject to Section 9.7, Buyer agrees to take any <br />necessary actions to transfer any Governmental Permits it obtains pertaining to the <br />operation of the Business on the Owned Real Property to Seller. <br />(ii) Section 3.1(i)(ii) of the Disclosure Schedules contains a <br />comprehensive list of all existing state and local Governmental Permits containing site <br />reclamation obligations and decommissioning and restoration obligations of the Seller <br />and the Individuals in connection with the Transferred Real Property at the Closing. <br />15 <br />