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<br />(b) Corporate Capacity: The Company has full corporate capacity and power to own its <br />assets and conduct its business as presently conducted; <br /> <br />(c) Corporate Authority: The execution, delivery and performance by the Company of <br />this Agreement have been duly authorized by all necessary corporate action, as within <br />the Company's corporate capacity and power and will not with or without the giving of <br />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, result in <br />the creation of any encumbrance upon any of the Company's assets or give rise <br />to any right oftermination pursuant to any agreement, indenture or instrument to <br />which the 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 administrative <br />judgment, order, ruling or decree applicable to the Company or its assets; <br /> <br />(d) No Regulatory Consent: The execution, delivery and performance by the Company of <br />this Agreement do not require any license, consent or approval of, advance notice to or <br />advance filing with any person or Governmental Authority; and. <br /> <br />( e) Execution and Delivery of this Agreement: This Agreement has been duly executed <br />and delivered by the Company. <br /> <br />ARTICLE 4 <br />Covenants of Fargo/Cass/West Fargo <br /> <br />4.1 Ownership of Dangerous Products <br /> <br />Notwithstanding that from time to time the Company may come to be in possession or control of any <br />Dangerous Product at the site of a release, Fargo/Cass/West Fargo 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/West Fargo covenants to notify the Company at the time it requests any Emergency <br />Response Services of all risks and danger known to Fargo/Cass/West Fargo to human health, property, <br />and the Environment caused or potentially caused by any Release. <br /> <br />4,3 Assistance and Counseling <br /> <br />Fargo/Cass/West Fargo covenants it shall, when requested, provide the Company with one or more <br />representatives to assist and counsel the Company concerning any dangerous Product, which is the <br />subject of a Release. <br /> <br />- 8 - <br /> <br />C:\Documents and Settings\worden\Local Settings\Temporary Internet Files\OLK658\Emergency Response Services Agreement.doc <br />