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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 /> p � <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 /> a. <br /> the part of Lessor; i <br /> 3 <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 /> } <br /> A. Lessee is duly qualified to do business and is in good standing in <br /> the State of Delaware; i <br /> B. Lessee has full power and authority to execute, deliver and perform <br /> its obligations under this Site Lease Agreement; i <br /> 9 <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; N <br /> D. The execution and delivery of this Site Lease Agreement by <br /> € . <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 j. <br /> SW-10B035-R7 <br /> I <br />