Exhibit 10.6 |
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AFFIDAVIT OF NON-FOREIGN STATUS |
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Section 1445 of the Internal Revenue Code provides that a buyer of a United States real property interest must withhold tax if the seller is a foreign person. To inform EnCana Oil & Gas (USA) Inc. (the "Buyer") that withholding of tax is not required upon the disposition of a United States real property interest owned by the Exploration Company of Delaware Inc. (the "Seller"), the undersigned hereby certifies the following on behalf of the Seller: |
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1. The Seller is not a non-resident alien, foreign corporation, foreign |
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partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); |
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2. The United States employer identification number of the Seller is 84-0793089. |
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3. The home office address of the Seller is 500 North Loop, 1604 East, Suite 250, San Antonio, TX 78232. |
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It is understood that this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. |
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Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of Seller. |
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THE EXPLORATION COMPANY OF DELAWARE INC. |
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By: ____/s/ James E. Sigmon__________ |
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Name: __James E. Sigmon____________ |
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Title: ___President__________________ |
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Date: ____9/30/05__________________ |