Common use of Use of Certain Facilities Clause in Contracts

Use of Certain Facilities. Buyer acknowledges that the environmental facilities listed on Schedule 10(c)(vi) (the "Environmental Facilities"), part of the Purchased Assets, were constructed and equipped using the proceeds from the sale of (A) $1,000,000 Industrial Development Authority of York County, Virginia Environmental Control Revenue Bonds (Amoco Oil Company Project), Series 1977 and (B) $2,800,000 Industrial Development Authority of York County, Virginia Pollution Control Revenue Bonds (Amoco Oil Company Project), Series 1977 (collectively, the "Environmental Control Bonds"). As set forth in Section 4(b)(vi), the Environmental Control Bonds are Excluded Liabilities. Buyer hereby covenants and agrees that from and after the Closing Date, it shall (1) use the Environmental Facilities in a manner so as to continue the tax-exempt status of the Environmental Control Bonds in accordance with Section 103(b) of the Internal Revenue Code of 1954, as amended, and in full compliance with the use requirements set forth in the agreements governing the Environmental Control Bonds and other tax certifications relating to the Environmental Control Bonds, and (2) comply with all applicable agreements securing the Environmental Control Bonds relating to the operation, maintenance, insurance, use, removal of liens, payment of taxes and keeping of records with respect to the Environmental Facilities. Prior to Closing, Seller shall furnish Buyer with copies of the agreements governing the Environmental Control Bonds and tax certifications relating to the Environmental Control Bonds. Buyer agrees that it shall take all actions necessary to ensure that the provisions of this Section 10(c)(vi) shall be binding upon (i) any successors and assigns of Buyer, (ii) any transferee of all or any portion of the Environmental Facilities, and (iii) any grantee of rights of use and/or operation thereof. Buyer further agrees that it will cooperate with Seller in any refunding of the Environmental Control Bonds by providing Seller with information reasonably requested by Seller related to any such refunding bonds on a tax-exempt basis.

Use of Certain Facilities. Buyer acknowledges that the environmental pollution abatement and control facilities listed on Schedule 10(c)(vi) Exhibit J attached hereto (the "Environmental Pollution Control Facilities"), part of ) which are included in the Purchased Assets, Properties were constructed and equipped using with the proceeds from the sale of (Aa) $1,000,000 Industrial Development Authority 93,000,000 of York County, Virginia Environmental Control Revenue Bonds (Amoco Oil Company Project), Series 1977 and (B) $2,800,000 Industrial Development Authority of York County, Virginia Adjustable Rate Pollution Control Revenue Bonds issued by Hockley County Industrial Development Corporation, due 2014, (Amoco Oil Company Project)b) $56,800,000 of Adjustable Rate Pollution Control Revenue Bonds issued by Hockley County Industrial Development Corporation, Series 1977 due 2019, and (c) $5,645,000 of Adjustable Rate Pollution Control Revenue Bonds issued by ▇▇▇▇▇▇ County Industrial Development Corporation, due 2019 (collectively, the "Environmental Pollution Control Bonds"). As set forth in Section 4(b)(vi), the Environmental The Parties agree that such Pollution Control Bonds are Excluded Liabilitiesnot being assumed by Buyer pursuant to or in connection with this Agreement, and that such Pollution Control Bonds are being retained by Amoco LP Sellers or their Affiliates. Buyer hereby covenants and agrees that from and after the Closing Date, it shall (1) cause the LP to use the Environmental Pollution Control Facilities in a manner so exclusively as to continue the tax-exempt status of the Environmental Control Bonds pollution control facilities in accordance with Section 103(b103(b)(4)(F) of the Internal Revenue Code of 1954, as amended, and in full compliance with the use requirements set forth in the applicable agreements governing the Environmental Control Bonds (copies of which will be provided to Buyer by Amoco LP Sellers) and other tax Tax certifications relating to the Environmental Pollution Control Bonds, and (2) use reasonable efforts to substantially comply with all material provisions of the applicable agreements securing the Environmental Pollution Control Bonds relating to the operation, maintenance, insurance, use, removal of liens, payment of taxes Taxes and keeping of records with respect to the Environmental Pollution Control Facilities. Prior to Closing, Seller Sellers shall furnish Buyer with copies of the applicable agreements governing the Environmental Control Bonds and tax certifications relating to the Environmental Control BondsTax certifications. Buyer agrees that it shall take all actions necessary to ensure that the provisions of this Section 10(c)(vi) Article 10.4 shall be binding upon (i) any successors and assigns of Buyer, (ii) any transferee of all or any portion of the Environmental Pollution Control Facilities, and (iii) any grantee of rights of use and/or operation thereof. Buyer further agrees that it will cooperate with Seller Amoco LP Sellers in any refunding of the Environmental Pollution Control Bonds by providing Seller Amoco LP Sellers with any information reasonably requested by Seller related Amoco LP Sellers that is necessary to issue any such refunding bonds on a taxTax-exempt basis.

Use of Certain Facilities. Buyer acknowledges that the environmental pollution abatement and control facilities listed on Schedule 10(c)(vi10(b)(v) attached hereto (the "Environmental Pollution Facilities"), part of ) which are included in the Purchased Assets, were constructed and equipped using with the proceeds from the sale by the Parish of Plaquemines, State of Louisiana of (A) $1,000,000 Industrial Development Authority 30,000,000 of York County, Virginia Environmental Control Revenue Bonds (Amoco Oil Company Project)Series 1994, Series 1977 due October 1, 2024 and (B) $2,800,000 Industrial Development Authority 24,300,000 of York CountyEnvironmental Revenue Refunding Bonds Series 1995, Virginia Pollution Control Revenue Bonds due May 1, 2025 (Amoco Oil Company Project), Series 1977 together with the bonds described in clause (collectivelyA) of this sentence, the "Environmental Control Revenue Bonds"). As set forth in Section 4(b)(vi), the The parties agree that such Environmental Control Revenue Bonds are not being transferred to, assigned to or assumed by Buyer pursuant to or in connection with this Agreement, and that such Environmental Revenue Bonds constitute Excluded LiabilitiesAssets being retained by Seller and other members of the BP Amoco Group. Buyer hereby covenants and agrees that from and after the Closing Date, it shall (1) use cause the Environmental Pollution Facilities in a manner so to be used exclusively as to continue the tax-exempt status of the Environmental Control Bonds sewage facilities and solid waste disposal facilities in accordance with Section 103(bSections 142(a)(5) and (6) of the Internal Revenue Code of 1954, as amended, and in full compliance with the use requirements set forth in the agreements governing Installment Sales Agreement, the Environmental Control Bonds Refunding Agreement, and the other tax certifications relating to the Environmental Control BondsRevenue Bonds between the BP Amoco Group and the Parish of Plaquemines, State of Louisiana and (2) comply with all applicable agreements those provisions of the Installment Sale Agreement and the Refunding Agreement securing the Environmental Control Revenue Bonds relating to the operation, maintenance, insurance, use, removal of liens, payment of taxes and keeping of records with respect to the Environmental Pollution Facilities. Prior to Closing, Seller shall furnish Buyer with acknowledges that it has received copies of the agreements governing the Environmental Control Bonds such Installment Sale Agreement, Refunding Agreement, and tax certifications relating to the Environmental Control Bondscertifications. Buyer further agrees that it shall take all actions necessary to ensure that the provisions of this Section 10(c)(vi) paragraph shall be binding upon (i1) any successors and assigns of Buyer, (ii2) any transferee transferees of all or any portion of the Environmental Facilities, Pollution Facilities and (iii3) any grantee of rights of use and/or operation thereof. Buyer further agrees that it will cooperate with Seller in any refunding of the Environmental Control Revenue Bonds by providing Seller with any information reasonably requested by Seller related that is necessary to issue any such refunding bonds on a tax-exempt basis.