Common use of PHYSICAL CONDITION OF THE PROPERTIES Clause in Contracts

PHYSICAL CONDITION OF THE PROPERTIES. The properties have been used for oil and gas drilling and production operations, related oil field operations and possibly for the storage and disposal of waste materials or hazardous substances. Physical changes in or under the Properties or adjacent lands may have occurred as a result of such uses. The Properties also may contain buried pipelines and other equipment, whether or not of a similar nature, the locations of which may not now be known by Seller or be readily apparent by a physical inspection of the Properties. Purchaser understands that Seller foes not have the requisite information with which to determine the exact nature or condition of the Properties nor the effect any such use has had on the physical condition of the Properties. Pursuant to the Safe Water Drinking and Toxic Enforcement Act of 1986, Purchaser is hereby notified and assumes the risk that detectable amounts of chemicals known to cause cancer, birth defects and other reproductive harm may be found in, on or around the Properties. As of the Closing Date, Purchaser shall assume the risk that the Properties may contain waste or contaminants and that adverse physical conditions, including the presence of waste or contaminants, may not have been revealed by Purchaser's investigation. As of the Closing Date, all responsibility and liability related to disposal, spills, waste or contamination on or below the Properties shall be transferred from Seller to Purchaser, only to the extent that such occurrences occurred after the period of Seller's ownership of the Properties. In addition, Purchaser acknowledges that some oil field production equipment located on the Properties may contain asbestos and/or naturally-occurring radioactive material (NORM). In this regard, Purchaser expressly understands that NORM may affix or attach itself to inside of wellx, xxterials and equipment as scale or in other forms, and that wellx, materials and equipment located on the Properties described herein may contain NORM and that NORM-containing materials may be buried or have been otherwise disposed of on the Properties.

PHYSICAL CONDITION OF THE PROPERTIES. The properties Properties (solely for purposes of this Article, the term "Properties" shall mean the lands covered by the leases included in the Interests or included in a statutory or voluntary unit with such lands, and shall included both the surface and the subsurface) have been used for oil and gas drilling drilling, production, gathering and production processing operations, related oil field operations and possibly for the storage and disposal other operations, whether of waste materials a similar or hazardous substancesdissimilar nature. Physical changes in or under the Properties or adjacent lands may have occurred as a result of such uses. The Properties also may contain buried pipelines and other equipment, whether or not of a similar nature, the locations of which may not now be known by to Seller or be readily apparent by a physical inspection of the Properties. Purchaser Third parties may have used the Properties or the surface rights thereon for other purposes as well. Buyer understands that Seller foes does not have the requisite information with which to determine the exact nature or condition of the Properties nor the effect any such use has had on the physical condition of the Properties. Pursuant to the Safe Water Drinking and Toxic Enforcement Act of 1986, Purchaser Buyer is hereby notified and assumes the risk that detectable amounts of regulated and unregulated chemicals and other substances which may pose a threat to health or to plants or wildlife, or which are known to cause illnesses, diseases, cancer, birth defects and other reproductive harm harm, may be found in, on or around the Properties. As of the Closing Date, Purchaser shall assume the risk that the Properties may contain waste or contaminants and that adverse Adverse physical conditions, including the presence of waste or contaminantssuch chemicals and other substances, may not have been be revealed by PurchaserBuyer's investigation. As of the Closing Date, all responsibility and liability related to disposal, spills, waste or contamination on or below the Properties shall be transferred from Seller to Purchaser, only to the extent that such occurrences occurred after the period of Seller's ownership of the Properties. In addition, Purchaser Buyer acknowledges that some oil field production equipment located on the Properties may contain various contaminants or hazardous substances, including without limitation, asbestos and/or naturally-occurring radioactive material ("NORM"). In this regard, Purchaser Buyer expressly understands understand that NORM may affix or attach itself to the inside of wellxxxxxx, xxterials materials, pipes and equipment as scale or in other forms, and that wellxxxxxx, materials materials, pipes and equipment located on the Properties described herein may contain NORM and that NORM-containing materials may be buried or have been otherwise disposed of on the Properties. Buyer also expressly understands that special procedures may be required for the removal and disposal of various contaminants or hazardous substances, including without limitation asbestos and NORM, from the Properties where it may be found. The statements in this Section 8.1 are intended as disclosures and acknowledgments of possible conditions existing on the Properties.

PHYSICAL CONDITION OF THE PROPERTIES. The properties Proper­ties have been used for oil and gas drilling drilling, production, gathering and production operationsprocessing opera­tions, related oil field operations and possibly for the storage and disposal other opera­tions, whether of waste materials a similar or hazardous substancesdissimi­lar nature. Physical changes in or under the Properties or adjacent lands may have occurred as a result of such uses. The Properties also may contain buried pipelines and other equipment, whether or not of a similar nature, the locations of which may not now be known by to Seller or be readily apparent by a physical physi­cal inspection of the Properties. Purchaser understands Third parties may have used the Properties or the surface rights thereon for other purposes as well. Buyer under­stands that Seller foes does not have the requisite information informa­tion with which to determine the exact nature or condition of the Properties nor the effect any such use has had on the physical physi­cal condition of the Properties. Pursuant to the Safe Water Drinking and Toxic Enforcement Act of 1986, Purchaser Buyer is hereby notified and assumes the risk that detectable amounts of regulated and unregulated chemicals and other substances which may pose a threat to health or to plants or wild­life, or which are known to cause illnesses, diseases, cancer, birth defects and other reproductive harm harm, may be found in, on or around the Properties. As of the Closing Date, Purchaser shall assume the risk that the Properties may contain waste or contaminants and that adverse Adverse physical conditions, including the presence of waste or contaminantssuch chemi­cals and other substances, may not have been be revealed by Purchaser's investigation. As of the Closing Date, all responsibility and liability related to disposal, spills, waste or contamination on or below the Properties shall be transferred from Seller to Purchaser, only to the extent that such occurrences occurred after the period of Seller's ownership of the PropertiesBuyer’s investiga­tion. In addition, Purchaser Buyer acknowledges that some oil field production produc­tion equipment located on the Properties may contain various contaminants or hazardous sub­stances, including without limitation, asbestos and/or naturally-occurring radioactive material (“NORM”). In this regard, Purchaser Buyer expressly understands understand that NORM may affix or attach itself to the inside of wellxxxxxx, xxterials materials, pipes and equipment as scale or in other forms, and that wellxxxxxx, materials materials, pipes and equipment located on the Properties described herein may contain NORM and that NORM-containing contain­ing materials may be buried or have been otherwise disposed of on the Properties. Buyer also expressly under­stands that special procedures may be required for the removal and disposal of various contaminants or hazardous substances, including without limitation asbestos and NORM, from the Properties where it may be found. The statements in this Section 8.1 are intended as disclosures of possible conditions existing on the Properties and not an admission or acknowledgment that any such conditions actually exist.

PHYSICAL CONDITION OF THE PROPERTIES. The properties Properties (solely for purposes of this Article, the term "Properties" shall include the Sycamore System) have been used for oil and gas drilling drilling, production, gathering and production processing operations, related oil field operations and possibly for the storage and disposal other operations, whether of waste materials a similar or hazardous substancesdissimilar nature. Physical changes in or under the Properties or adjacent lands may have occurred as a result of such uses. The Properties also may contain buried pipelines and other equipment, whether or not of a similar nature, the locations of which may not now be known by Seller to Sellers or be readily apparent by a physical inspection of the Properties. Purchaser Third parties may have used the Properties or the surface rights thereon for other purposes as well. Buyer understands that Seller foes the Companies do not have the requisite information with which to determine the exact nature or condition of the Properties nor the effect any such use has had on the physical condition of the Properties. Pursuant to the Safe Water Drinking and Toxic Enforcement Act of 1986, Purchaser Buyer is hereby notified and assumes the risk that detectable amounts of regulated and unregulated chemicals and other substances which may pose a threat to health or to plants or wildlife, or which are known to cause illnesses, diseases, cancer, birth defects and other reproductive harm harm, may be found in, on or around the Properties. As of the Closing Date, Purchaser shall assume the risk that the Properties may contain waste or contaminants and that adverse Adverse physical conditions, including the presence of waste or contaminantssuch chemicals and other substances, may not have been be revealed by PurchaserBuyer's investigation. As of the Closing Date, all responsibility and liability related to disposal, spills, waste or contamination on or below the Properties shall be transferred from Seller to Purchaser, only to the extent that such occurrences occurred after the period of Seller's ownership of the Properties. In addition, Purchaser Buyer acknowledges that some oil field production equipment located on the Properties may contain various contaminants or hazardous substances, including without limitation, asbestos and/or naturally-occurring radioactive material ("NORM"). In this regard, Purchaser Buyer expressly understands understand that NORM may affix or attach itself to the inside of wellx, xxterials xxterials, pipes and equipment as scale or in other forms, and that wellx, materials xxterials, pipes and equipment located on the Properties described herein may contain NORM and that NORM-NORM- containing materials may be buried or have been otherwise disposed of on the Properties. Buyer also expressly understands that special procedures may be required for the removal and disposal of various contaminants or hazardous substances, including without limitation asbestos and NORM, from the Properties where it may be found. The statements in this Section 9.1 are intended as disclosures and acknowledgments of possible conditions existing on the Properties.

PHYSICAL CONDITION OF THE PROPERTIES. The properties Properties (solely for purposes of this Article, the term "Properties" shall include the Xxxxxx System) have been used for oil and gas drilling drilling, production, gathering and production processing operations, related oil field operations and possibly for the storage and disposal other operations, whether of waste materials a similar or hazardous substancesdissimilar nature. Physical changes in or under the Properties or adjacent lands may have occurred as a result of such uses. The Properties also may contain buried pipelines and other equipment, whether or not of a similar nature, the locations of which may not now be known by Seller to Sellers or be readily apparent by a physical inspection of the Properties. Purchaser Third parties may have used the Properties or the surface rights thereon for other purposes as well. Buyer understands that Seller foes the Company does not have the requisite information with which to determine the exact nature or condition of the Properties nor the effect any such use has had on the physical condition of the Properties. Pursuant to the Safe Water Drinking and Toxic Enforcement Act of 1986, Purchaser Buyer is hereby notified and assumes the risk that detectable amounts of regulated and unregulated chemicals and other substances which may pose a threat to health or to plants or wildlife, or which are known to cause illnesses, diseases, cancer, birth defects and other reproductive harm harm, may be found in, on or around the Properties. As of the Closing Date, Purchaser shall assume the risk that the Properties may contain waste or contaminants and that adverse Adverse physical conditions, including the presence of waste or contaminantssuch chemicals and other substances, may not have been be revealed by PurchaserBuyer's investigation. As of the Closing Date, all responsibility and liability related to disposal, spills, waste or contamination on or below the Properties shall be transferred from Seller to Purchaser, only to the extent that such occurrences occurred after the period of Seller's ownership of the Properties. In addition, Purchaser Buyer acknowledges that some oil field production equipment located on the Properties may contain various contaminants or hazardous sub- stances, including without limitation, asbestos and/or naturally-occurring radioactive material ("NORM"). In this regard, Purchaser Buyer expressly understands understand that NORM may affix or attach itself to the inside of wellxxxxxx, xxterials materials, pipes and equipment as scale or in other forms, and that wellxxxxxx, materials materials, pipes and equipment located on the Properties described herein may contain NORM and that NORM-containing materials may be buried or have been otherwise disposed of on the Properties. Buyer also expressly understands that special procedures may be required for the removal and disposal of various contaminants or hazardous substances, including without limitation asbestos and NORM, from the Properties where it may be found. The statements in this Section 9.1 are intended as disclosures and acknowledgments of possible conditions existing on the Properties.