2019 Mining Equipment LTD. MEL 4-Ton Series 3 Diesel Locomotive; 36" Gauge

Seller warrants that it has good and legal title to such property, full authority to sell such, and that said is sold by bill of sale free and clear of liens, encumbrances, or security issues. Purchaser agrees to defend, indemnify and hold Seller, and its affiliates, harmless from and against any and all claims, actions, damages, costs expenses and liabilities, of whatever kind or nature (including reasonable attorneys' fees and costs), arising from Purchaser's ownership or use of the above-described Property. Purchaser agrees that, "An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants." For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck." ,"When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. "

AS-IS DISCLOSURE STATEMENT SALE IS "AS-IS" WITH NO WARRANTIES EXPRESS OR IMPLIED: PURCHASER ACKNOWLEDGES THAT THE SALE OF THE ABOVE DESCRIBED PROPERTY IS SOLD "AS-IS" AND THAT SELLER MAKES NOT REPRESENTATIONS OF ANY KIND AS TO THE CONDITION OF THE PROPERTY OR OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF OPERABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HERBY SPECIFICALLY DISCLAIMED BY THE SELLER AND EXLUDED.

Buyer is purchasing the equipment solely based on its own physical inspection of the equipment and not upon any information which may have been provided by Seller. Seller waives any claim that it purchased the equipment based on any kind of representation or warranty on part of the Seller and accepts the equipment "as-is".