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2018-01-11_REVISION - M2006017
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2018-01-11_REVISION - M2006017
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Entry Properties
Last modified
6/16/2021 2:26:03 PM
Creation date
1/22/2018 7:45:58 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2006017
IBM Index Class Name
REVISION
Doc Date
1/11/2018
Doc Name
Application
From
San Acquisition Holdings, 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 3.1(j)(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 wader 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 Seller 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 3.1(j) 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 A. 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 /> (1) Taxes Related to the Purchased Assets. <br /> 16 <br />
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