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ORDER NO. PSC -2018 -0314 -PAA -EQ <br />DOCKET NO. 20180073 -EQ <br />PAGE 40 <br />DUKE <br />C ENERGY, <br />19.3 Compliance with Laws <br />Attachment A <br />Page 35 of 71 <br />j• <br />SECTION No. IX <br />SECOND REVISED SHEET N0.9.434 <br />CANCELS FIRST REVISED SHEET NO. 9.434 <br />Each party has knowledge of all laws and business practices that must be <br />followed in performing its obligations under this Contract. Each party also is in <br />compliance with all laws, except to the extent that failure to comply therewith <br />would not, in the aggregate, have a material adverse effect on the other Party. <br />19.4 Governmental Approvals <br />Except as expressly contemplated herein, neither the execution and delivery by <br />each Party of this Contract, nor the consummation by each Party of any of the <br />transaction contemplated thereby, requires the consent or approval of, the giving <br />of notice to, the registration with, the recording or filing of any document with, or <br />the taking of any other action with respect to governmental authority, except with <br />respect to permits (a) which have already been obtained and are in full force and <br />effect or (b) are not yet required (and with respect to which the FX -/QP has no <br />reason to believe that the same will not be readily obtainable in the ordinary <br />course of business upon due application therefore). <br />19.5 No Suits, Proceedings <br />There are no actions, suits, proceedings or investigations pending or, to the <br />knowledge of each Party, threatened against it at law or in equity before any court <br />or tribunal of the United States or any other jurisdiction which individually or in <br />the aggregate could result in any materially adverse effect on each Party's <br />business; properties, or assets or its condition, financial or otherwise, or in any <br />impairment of its ability to perform its obligations under this Contract. Each Party <br />has no knowledge of a violation or default with respect to any law which could <br />result in any such materially adverse effect or impairment. <br />19.6 Environmental Matters <br />To thc best of its knowledge after diligent inquiry, each Party knows of no <br />(a) existing violations of any enviromnental laws at the Facility, including those <br />governing hazardous materials or (b) pending, ongoing, or unresolved <br />administrative or enforcement investigations, compliance orders, claims, <br />demands, actions, or other litigation brought by governmental authorities or other <br />third parties alleging violations of any environmental law or permit which would <br />materially and adversely affect the operation of the Facility as contemplated by <br />this Contract. <br />ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL <br />EFFECTIVE: Apd129.2013 <br />