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ARTICLE 7 <br />REPRESENTATIONS AND WARRANTIES <br />By Lessee: <br />7.1 Legal Capacity Lessee represents and warrants to Lessor that Lessee is a Kansas <br />limited liability company, duly organized, validly existing and in good standing under the laws <br />of the states of Kansas and Colorado and has all requisite power and authority to carry on its <br />business as now being conducted and to execute and deliver this Agreement and to consummate <br />the transactions contemplated herein. <br />7.2 Legal Proceedings Lessee represents and warrants to Lessor that neither Lessee, <br />nor any of its assets, are subject to any judgment, order, writ, decree, citation or injunction, and <br />Lessee is not a parry to any judicial, administrative, investigation or arbitration proceeding, now <br />pending, or to the best of its knowledge, threatened, which could have a material adverse impact <br />on the ability of Lessee to perform its obligations under this Agreement. <br />7.3 No Hazardous Waste Lessee represents and warrants to Lessor that it will not <br />store, dispose of or otherwise handle any hazardous or otherwise illegal waste or substance at the <br />Facility except in full compliance with applicable law. <br />By Lessor: <br />7.4 Good Title, of Other Warranties The Lessor represents that it has <br />exclusive and unfettered right to lease the Jansen Facility, as described in Exhibit A, including <br />the surface area of the yard and the railroad tracks located at the Jansen Facility at approximately <br />Mile Post 2.0 east to the BNSF railhead and all other appurtenances thereto, to the Lessee <br />pursuant to this Agreement, which does not require consent, permission or agreement of the <br />registered title holder to the land subject to the Jansen Facility. <br />It is specifically understood and agreed that Lessor makes no warranties or covenants, <br />express or implied, with respect to Lessor's title to the Jansen Facility, other than Lessor's <br />warranty to Lessee of Lessor's right to lease the Jansen Facility to Lessee pursuant to this <br />Agreement. <br />7.5 Legal Capacity Lessor represents and warrants to Lessee that Lessor is a Nevada <br />corporation, duly organized, validly existing and in good standing under the laws of the State of <br />Nevada and has all requisite power and authority to carry on its business as now being conducted <br />and to execute and deliver this Agreement and to consummate the transactions contemplated <br />herein. <br />7.6 Environmental Condition of the Jansen Facility Lessor represents that to its <br />knowledge there is no non - compliant or adverse environmental condition that exists at the Jansen <br />10 <br />• <br />