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<br />(a) Corporation Existence: The Company is a corporation duly incorporated and <br />validly subsisting under the laws of Minnesota and is authorized to do business <br />within the state of North Dakota; <br /> <br />(b) Corporate Capacity: The Company has full corporate capacity and power to <br />own its assets and conduct its business as presently conducted; <br /> <br />(c) Corporate Authority: the execution, delivery and performance by the Company <br />of this Agreement have been duly authorized by all necessary corporate action, as <br />within the Company's corporate capacity and power and will not with or without <br />the giving of notice or the passage of time, or both: <br /> <br />(i) violate any provision of Law, its articles or its by-laws; <br /> <br />(ii) result in the breach of, constitute a default or require any consent under, <br />result in the creation of any encumbrance upon any of the Company's <br />assets or give rise to any right of termination pursuant to any agreement, <br />indenture or instrument to which the Company is a party or by which the <br />Company or its assets may be bound or affected; or <br /> <br />(iii) result in the breach of, or constitute a default under, any court or <br />administrative judgment, order, ruling or decree applicable to the <br />Company or its assets; <br /> <br />(d) No Regulatory Consent: the execution, delivery and performance by the <br />Company of this Agreement do not require any license, consent or approval of, <br />advance notice to or advance filling with any person or Governmental Authority; <br />and <br /> <br />( e) Execution and Delivery of this Agreement: this Agreement has been duly <br />executed and delivered by the Company. <br /> <br />ARTICLE 4 <br />Covenants of Fargo Cass <br /> <br />4.1 Ownership of Dangerous Product <br /> <br />Notwithstanding that from time to time the Company may corne to be in possession or control of <br />any Dangerous Product at the site of a release, Fargo Cass or its client shall remain owner and <br />retain their respective rights, interests and obligation over the Dangerous Product. <br /> <br />4.2 Notice of Known Risks and Danger <br /> <br />Fargo Cass covenants to notify the Company at the time it requests any Emergency Response <br />Services of all risks and danger known to Fargo Cass to human health, property, and the <br />Environment caused or potentially caused by any Release. <br /> <br />4.3 <br /> <br />Assistance and Counseling <br /> <br />v3 <br /> <br />-8- <br />