(H)
System Compliance. The Wastewater System is in compliance with all State, federal, and local laws and regulations.
(I)
Tariff. The tariff, attached as Exhibit D, represents the true rates of the Wastewater System and are in effect as of the Contract Date.
(J)
Permits. Exhibit G sets forth a complete and accurate list of all Permits held by the Borough, all of which are in full force and effect and no appeals or other proceedings are pending or threatened with respect to the issuance, terms or conditions of any such Permits. The Borough has provided to Buyer true and complete copies of all Permits set forth on Exhibit G. Except as set forth on Exhibit G, (i) the Borough holds all Permits which are necessary or required under applicable Law for the ownership, operation and maintenance of the Wastewater System and the assets to be conveyed to Buyer as currently or previously operated and maintained, (ii) the Borough is, and for the past five (5) years has been, in compliance in all material respects with all terms, conditions and requirements of all Permits held by it (whether or not set forth on Exhibit G) and all applicable Laws relating thereto, and (iii) the Borough has not received any written notice or other written communication from any Governmental Authority or other Person regarding (1) any actual or alleged violation or failure to comply with any such Permits, or (2) any revocation, withdrawal, non-renewal, suspension, cancellation or termination of any such Permits. With respect to any Permits held by the Borough that are scheduled to expire within six (6) months following the date of this Agreement, any applications for renewal of such Licenses and Permits have been or will be duly filed by the Borough with the applicable Governmental Authority within the time frame required under applicable law.
(K)
Environmental.
(i)
To the best of the Borough’s knowledge, the Borough is and at all times has been in full compliance with and has not been and is not in violation of or liable under any applicable environmental law. The Borough has no basis to expect nor has it received any actual or threatened order, notice or other communication from any Governmental Authority or other Person of any actual or potential violation or failure to comply with any environmental law or of any actual or threatened obligation to undertake or bear the cost of any environmental, health and safety liabilities with respect to the Wastewater System.
(ii)
To the best of the Borough’s knowledge, there are no pending or threatened claims, encumbrances or other restrictions of any nature, resulting from any environmental, health and safety liabilities or arising under or pursuant to any environmental law with respect to or affecting the Wastewater System.
(iii)
To the best of the Borough’s knowledge, there are no hazardous materials, except those used in connection with the operation of the Wastewater System