ENVIRONMENTAL LAWS;
(B)
THE COMPANY HAS NOT BEEN NOTIFIED BY ANY GOVERNMENTAL AUTHORITY OR
OTHER THIRD PARTY THAT ANY OF THE OPERATIONS OR ASSETS OF THE COMPANY IS THE
SUBJECT OF ANY INVESTIGATION OR INQUIRY BY ANY GOVERNMENTAL AUTHORITY EVALUATING
WHETHER ANY MATERIAL REMEDIAL ACTION IS NEEDED TO RESPOND TO A RELEASE OR
THREATENED RELEASE OF ANY HAZARDOUS MATERIAL OR TO THE IMPROPER STORAGE OR
DISPOSAL (INCLUDING STORAGE OR DISPOSAL AT OFFSITE LOCATIONS) OF ANY HAZARDOUS
MATERIAL WHERE SUCH INVESTIGATION OR INQUIRY REMAINS UNRESOLVED AS OF THE DATE
HEREOF;
(C)
NEITHER THE COMPANY NOR, TO THE COMPANY'S AND SELLER'S KNOWLEDGE,
ANY OTHER PERSON HAS FILED ANY NOTICE UNDER ANY FEDERAL, STATE OR LOCAL LAW
INDICATING THAT (I) THE COMPANY IS RESPONSIBLE FOR THE IMPROPER RELEASE INTO THE
ENVIRONMENT, OR THE IMPROPER STORAGE OR DISPOSAL, OF ANY HAZARDOUS MATERIAL, OR
(II) ANY HAZARDOUS MATERIAL IS IMPROPERLY STORED OR DISPOSED OF UPON ANY
PROPERTY OF THE COMPANY;
(D)
THE COMPANY DOES NOT HAVE ANY MATERIAL CONTINGENT LIABILITY IN
CONNECTION WITH (I) THE RELEASE OR THREATENED RELEASE INTO THE ENVIRONMENT AT,
BENEATH OR ON ANY OF THE OIL AND GAS PROPERTIES, OR (II) THE STORAGE OR DISPOSAL
OF ANY HAZARDOUS MATERIAL;
(E)
THE COMPANY HAS NOT RECEIVED ANY CLAIM, COMPLAINT, NOTICE, INQUIRY
OR REQUEST FOR INFORMATION WITH RESPECT TO ANY ALLEGED VIOLATION OF ANY
ENVIRONMENTAL LAW OR REGARDING POTENTIAL LIABILITY UNDER ANY ENVIRONMENTAL LAW
RELATING TO OPERATIONS OR CONDITIONS OF ANY FACILITY OR PROPERTY (INCLUDING OFF
SITE STORAGE OR DISPOSAL OF ANY HAZARDOUS MATERIAL FROM SUCH FACILITIES OR
PROPERTY) CURRENTLY OR FORMERLY OWNED, LEASED OR OPERATED BY THE COMPANY;
(F)
NONE OF THE OIL AND GAS PROPERTIES IS LISTED ON THE NATIONAL
PRIORITIES LIST PURSUANT TO CERCLA OR ON THE CERCLIS OR ON ANY OTHER FEDERAL OR
STATE LIST AS SITES REQUIRING INVESTIGATION OR CLEANUP;
(G)
THE COMPANY IS NOT DIRECTLY TRANSPORTING AND IS NOT DIRECTLY
ARRANGING FOR THE TRANSPORTATION OF, ANY HAZARDOUS MATERIAL TO ANY LOCATION
WHICH IS LISTED ON THE NATIONAL PRIORITIES LIST PURSUANT TO CERCLA, ON THE
CERCLIS, OR ON ANY SIMILAR FEDERAL OR STATE LIST OR WHICH IS THE SUBJECT OF
FEDERAL, STATE OR LOCAL ENFORCEMENT ACTIONS OR OTHER INVESTIGATIONS THAT MAY
LEAD TO MATERIAL CLAIMS AGAINST THE COMPANY FOR REMEDIAL WORK, DAMAGE TO NATURAL
RESOURCES OR PERSONAL INJURY, INCLUDING CLAIMS UNDER CERCLA;
(H)
THERE ARE NO SITES, LOCATIONS OR OPERATIONS AT WHICH THE COMPANY
IS CURRENTLY UNDERTAKING ANY REMEDIAL OR RESPONSE ACTION RELATING TO ANY SUCH
DISPOSAL OR RELEASE, AS REQUIRED BY ENVIRONMENTAL LAWS; AND
16
(I)
ALL UNDERGROUND STORAGE TANKS AND SOLID WASTE DISPOSAL FACILITIES
OWNED OR OPERATED BY THE COMPANY ARE USED AND OPERATED IN MATERIAL COMPLIANCE
WITH ENVIRONMENTAL LAWS.
(J)
THE COMPANY AND ITS SUBSIDIARIES HAVE OBTAINED AND ARE IN
COMPLIANCE WITH ALL MATERIAL PERMITS UNDER ALL ENVIRONMENTAL LAWS REQUIRED FOR
THE OPERATION OF THE BUSINESSES OF THE COMPANY AS CURRENTLY CONDUCTED AND, TO
THE KNOWLEDGE OF THE COMPANY AND SELLER, THERE ARE NO PENDING OR THREATENED,
ACTIONS OR PROCEEDINGS ALLEGING VIOLATIONS OF OR