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4. LESSOR WARRANTIES. Lessor warrants that: <br />A. Lessor owns the Site in fee simple and has the rights of access <br />thereto and has the full right to make and perform this Site Lease Agreement; <br />B. Lessee shall lawfully and peaceably hold, occupy and enjoy the <br />Site during the Term hereof so long as Lessee pays the rents and observes and keeps <br />the covenants of this Site Lease Agreement on its part to be kept, and as long as <br />Lessee makes all payments due and complies with the terms of the Landfill Gas <br />Purchase Agreement, and the Landfill Gas Purchase Agreement is still in full force and <br />effect; <br />C. Lessor has full power and authority to execute, deliver and perform <br />its obligations under this Site Lease Agreement; <br />D. The execution, delivery and performance of this Site Lease <br />Agreement by Lessor have been duly and validly authorized by all necessary action on <br />the part of Lessor; <br />E. The execution and delivery of this Site Lease Agreement by Lessor <br />and the performance of the terms, covenants and conditions contained herein are <br />permitted under all agreements to which the Lessor is a party, or by which the Site is <br />bound, including any and all leases, mortgages and financing agreements, and will not <br />violate the ordinances of Lessor, or any order of a court or arbitrator, and will not <br />conflict with and will not constitute a material breach of, or default under, the provisions <br />of any material contract by which Lessor is bound. <br />5. LESSEE WARRANTIES. Lessee represents and warrants that: <br />A. Lessee is duly qualified to do business and is in good standing in <br />the State of Delaware; <br />B. Lessee has full power and authority to execute, deliver and perform <br />its obligations under this Site Lease Agreement; <br />C. The execution, delivery and performance of this Site Lease <br />Agreement by Lessee have been duly and validly authorized by all necessary action on <br />the part of Lessee; <br />' D. The execution and delivery of this Site Lease Agreement by <br />Lessee and the performance of the terms, covenants and conditions contained herein <br />will not violate the articles of incorporation or by-laws of Lessee, or any order of a court <br />or arbitrator, and will not conflict with and will not constitute a material breach of, or <br />default under, the provisions of any material contract by which Lessee is bound. <br />site Lease Agreement 3 <br />LFG to Energy <br />Foothill Sanitary Landfill <br />SVV-10B035-R7 <br />r7 <br />