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business or own real property in the State of Texas. The activities that Company proposes to <br /> carry on at the Site may lawfully be conducted by Company. <br /> Section 7.02. Authority. The execution, delivery and performance by Company of this <br /> Agreement are within Company's powers and have been duly authorized. <br /> Section 7.03. Valid and Binding Obligation. This Agreement is the legal, valid and <br /> binding obligation of Company, enforceable against Company in accordance with its terms <br /> except as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, <br /> rearrangement, insolvency, reorganization or similar laws affecting the rights or remedies of <br /> creditors generally, as in effect from time to time. <br /> Section 7.04. No Defaults. Company is not in default in the performance, observance <br /> or fulfillment of any of the obligations, covenants or conditions contained in any agreement or <br /> instrument to which they are parties or by which they or any of their property is bound that <br /> would have any material adverse effect on Company's ability to perform under this Agreement. <br /> Section 7.05. Full Disclosure. Neither this Agreement nor any schedule or Exhibit <br /> attached hereto in connection with the negotiation of this Agreement contains any untrue <br /> statement of a material fact or omits to state any material fact necessary to keep the statements <br /> contained herein or therein, in the light of the circumstances in which they were made, from <br /> being misleading. <br /> ARTICLE 8. MISCELLANEOUS <br /> Section 8.01. Entire Agreement. This Agreement, including the Recitals and the <br /> Exhibits hereto, contains the entire agreement between the Parties with respect to the transactions <br /> contemplated herein and supersedes any prior understandings or written or oral agreements <br /> between the Parties. <br /> 14 <br />