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SCE that City is not aware that any such Hazardous Substances have been generated,
<br />stored or disposed of upon or under the City Property.
<br />(e) To the best of City's knowledge the City Property complies with all applicable laws
<br />and governmental regulations including, without limitation, all applicable federal,
<br />state, and local laws pertaining to air and water quality, hazardous waste, waste
<br />disposal, and other environmental matters, including, but not limited to, the Clean
<br />Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
<br />Conservation Recovery and Comprehensive Environmental Response Compensation
<br />and Liability Acts, and the California Environment Quality Act, and the Hiles,
<br />regulations, and ordinances of the City, the California Department ofHealth Services,
<br />the Regional Water Quality Control Board, the State Water Resources Control Board,
<br />the Environmental Protection Agency, and all applicable federal, state, and local
<br />agencies and bureaus.
<br />(f) City, as a government agency, has not been subject to real property tax assessment
<br />on the City Property. Transfer of title to the City Property to SCE at the Close of
<br />Escrow may subject the City Property to an assessment from the Orange County
<br />Office of the Assessor and shall be the obligation of SCE henceforth.
<br />4.2 Representations and Warranties of SCE. SCE makes the following representations and
<br />warranties with respect to the SCE Property, each of which shall survive Close of Escrow:
<br />(a) The execution and delivery of this Agreement, performance hereunder, and the
<br />consummation of the transaction contemplated hereby will not constitute a violation
<br />of any order or decree or result in the breach of any contract or agreement to which
<br />SCE is at present a party or by which SCE is bound.
<br />(b) To SCE's actual knowledge, no litigation and no governmental, administrative or
<br />regulatory act or proceeding regarding the environmental, health and safety aspects
<br />of the SCE Property is pending, proposed or threatened.
<br />(c) SCE will not enter into any agreements or undertake any new obligations prior to
<br />Close of Escrow that will in any way burden, encumber or otherwise affect the SCE
<br />Property without the prior written consent of the City.
<br />(d) SCE is aware of its obligation under California Health and Safety Code Section
<br />25359.7 to disclose any knowledge which they may have regarding any release of
<br />Hazardous Substances (as defined by applicable federal, state and local statutes, rules
<br />and regulations) upon or under the SCE Property. SCE warrants and represents to
<br />the City that SCE is not aware that any such Hazardous Substances have been
<br />generated, stored or disposed of upon or under the SCE Property, except as disclosed
<br />in Section 6.2 below.
<br />(e) To the best of SCE's knowledge and except as disclosed in Section 6.2 below, the
<br />SCE Property complies with all applicable laws and governmental regulations
<br />including, without limitation, all applicable federal, state, and local laws pertaining
<br />to air and water quality, hazardous waste, waste disposal, and other environmental
<br />matters, including, but not limited to, the Clean Water, Clean Air, Federal Water
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