OUT OF OR
RELATING TO THIS AGREEMENT OR ANY OTHER FINANCE DOCUMENT OR THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
THEORY). EACH OF THE SUBORDINATED BORROWER, THE SUBORDINATED LENDER (A)
CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE
EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES
THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS
AGREEMENT AND THE OTHER FINANCE DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL
WAIVERS AND CERTIFICATIONS IN THIS SECTION 23.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered as of the day and year first above written.
ENVIRONMENTAL ALTERNATIVE FUELS LLC, as Subordinated Borrower
By: /s/ Damon
Cuzick
Name: Damon Cuzick
Title: President
By: /s/ Barbara Coy
Name:
Barbara Coy
Title: Secretary
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Danny R. Cuzick,
as the Subordinated Lender
By: /s/ Danny Cuzick
Name: Danny Cuzick
Address:
8285 West Lake Pleasant Parkway, Peoria, AZ 85382
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[COLLATERAL AND/OR ADMINISTRATIVE ] AGENT:
CORTLAND CAPITAL MARKET
SERVICES LLC
By: /s/ Emily Ergang Pappas
Name: Emily Ergang Pappas
Title: Associate Counsel
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