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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; Decrees. 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 /> Compliance <br /> with Law. Except with respect p to Environmental Laws <br /> (which are addressed solely in Section 3.1(j)) and Tax Laws (which are addressed solely in <br /> Section 3.1(1)), 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 />