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2018-01-10_REVISION - M2006017
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2018-01-10_REVISION - M2006017
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Entry Properties
Last modified
6/16/2021 2:26:03 PM
Creation date
1/11/2018 10:10:35 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2006017
IBM Index Class Name
Revision
Doc Date
1/10/2018
Doc Name Note
Request for S.O.
Doc Name
Request For Succession Of Operator
From
Jemadojin, LLC
To
DRMS
Type & Sequence
SO3
Email Name
TC1
WHE
BJC
Media Type
D
Archive
No
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(j) Environmental Matters. <br />(i) To the Knowledge of the Seller and the Individuals, the Seller and <br />the Individuals are in compliance with all Environmental Laws applicable to the <br />Purchased .Assets and there are no unresolved, ongoing or, to the Knowledge of the <br />Seller, pending or threatened obligations or requirements related to any actual or <br />alleged past non-compliance with any such Environmental Laws. <br />(ii) To the Seller's Knowledge, none of the Owned Real Property is <br />listed on, or, to the Knowledge of the Seller, has been proposed for listing on, the <br />National Priorities List under the Comprehensive Environmental Response, <br />Compensation, and Liability Act. <br />(iii) The Seller and the Individuals have made available to the Buyer or <br />its representatives all environmental reports, studies, audits, correspondence and other <br />similar documents with respect to the Purchased Assets in the possession or under the <br />control of the Seller or any of the Individuals which are related to compliance with <br />Environmental Laws or the Release of Hazardous Materials. <br />(iv) The Seller and the Individuals have not assumed by contract or, to <br />the Knowledge of the Seller, by operation of law, any liabilities of any other Person <br />under Environmental Laws or common law with respect to any Hazardous Materials. <br />(v) Except as set forth on Section _ 3.I6)(v) of the Disclosure <br />Schedules, to the Seller's Knowledge, there has been no Release of Hazardous <br />Materials at, under, about, above or migrating to or from the Owned Real Property in <br />violation of Environmental Law or that would reasonably be expected to (A) result in <br />Liability under any Environmental Law, (B) to the Knowledge of the Seller, require <br />reporting to any Governmental Authority, or (C) require any investigation, removal, <br />remediation, reclamation or other response action. The Seiler and the Individuals have <br />not used any waste disposal site, or otherwise disposed of, transported or arranged for <br />the transportation of, any Hazardous Materials to any place or location in violation of <br />applicable Environmental Laws. Notwithstanding the foregoing, Seller discloses that <br />there is a stock pile of dead trees at one location on the Owned Real Property. <br />(vi) The representations and warranties in this Section 3.10) are the <br />sole and exclusive representations and warranties by the Seller with respect to any and <br />all environmental matters and environmental conditions, including Liabilities and/or <br />requirements arising out of or related to Environmental Laws, Environmental Permits <br />and/or Hazardous Materials and any and all related matters. <br />(k) Assets. The Seller or the Individuals, as applicable, owns and has good <br />and valid right, title and interest to the Owned Real Property described on Exhibit and to the <br />Knowledge of the Seller and the Individuals, has good and valid title to the Water Rights, all free <br />and clear of all Liens (except for Permitted Liens). <br />0) Taxes Related to the Purchased Assets. <br />16 <br />
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