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the District ' s ability to satisfy the Company ' s requests . The District shall have no <br /> liability to the Company if the District is unable to satisfy the Company ' s needs . <br /> D . Conditions Precedent to the Company ' s Obligations . The following are the <br /> conditions precedent to Company ' s obligations : <br /> 1 . Any required environmental review for the Facility Site and the <br /> Facility shall have been completed and approved as required by law . <br /> 2 . All applicable environmental and other governmental permits , <br /> licenses and authorizations necessary for the design, construction, modification , start-up , <br /> and operation of the Facility Site and Facility shall have been obtained . <br /> 3 . All easements , grants , approvals , or similar rights shall have been <br /> given by any appropriate third party as may be necessary for Company to use and <br /> develop the Facility Site and the Facility and perform such work and construct such <br /> facilities as necessary to enable Company to receive Acceptable Waste from District. <br /> 4 . The representations of the District in Section 8 . 2 hereof shall be <br /> true and correct in all material respects as of the Commencement Date as if made on and <br /> as of such date . <br /> 5 . No action, suit, proceeding or official investigation shall have been <br /> commenced by any federal , state or local government authority or agency, in any federal , <br /> state or local court, that seeks to enjoin , assess civil or criminal penalties against, assess <br /> civil damages against or obtain any judgment, order or consent decree with respect to any <br /> Party to this Agreement as a result of such Party ' s negotiation , execution , delivery or <br /> performance of this Agreement or its participation or intended participation in any <br /> transaction contemplated thereby . <br /> 6 . After the Effective Date and on or before the Commencement <br /> Date , no change in, addition to or deletion of any provision of any applicable federal , <br /> state or local law, statute , regulation or interpretation thereof by any regulatory authority <br /> having jurisdiction , shall be made which would, if effective , make the execution or <br /> performance by Company of any provision in this Agreement a violation of any law, <br /> statute or regulation . <br /> E . Conditions Precedent to the District ' s Obligations . The following are the <br /> conditions precedent to the District ' s obligations : <br /> 1 . All applicable environmental , regulatory and other governmental <br /> permits , licenses and authorizations necessary for District to meet its Acceptable Waste <br /> delivery obligations under the Agreement shall have been obtained under terms and <br /> conditions acceptable to the District . <br /> 10 <br />