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indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct
<br />improvements on the Property.
<br />This acknowledgment and release shall survive the Close of Escrow.
<br />14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box
<br />1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the
<br />Seller is 2247 South Rousseile Street, Santa Ana, CA 92707.
<br />15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
<br />16. Entire Agreement.
<br />It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement.
<br />Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or
<br />could have been raised in connection with the acquisition of Said Real Property by City.
<br />ii. This agreement is the result of negotiations between the parties and is intended by the parties to be a
<br />final expression of their understanding with respect to the matters herein contained. This agreement
<br />supersedes any and all other prior agreements and understandings, oral or written, in connection
<br />therewith. No provision contained herein shall be construed against City solely because it prepared
<br />the agreement in its executed form.
<br />17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
<br />occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
<br />hazardous waste, toxic substances, or related materials ("Hazardous Materials') on, under, in, or about the
<br />Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit
<br />the presence, use, generation, release, discharge, storage, or disposal' of any Hazardous Materials on,
<br />under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term
<br />"Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any
<br />local governmental authority, the State of California, or the United States Government, including, but not
<br />limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous
<br />waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section
<br />25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
<br />(ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and
<br />Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
<br />defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division
<br />20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br />polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"
<br />pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated
<br />as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined
<br />as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
<br />U.S.C. S6901 et sec. (42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section
<br />101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
<br />S9601 et seg. (42 U.S.C. S9601).
<br />18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
<br />with all applicable laws and governmental regulations including, without limitation, all applicable federal,
<br />state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
<br />environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
<br />Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental
<br />Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
<br />regulations, and ordinances of the city within which the subject property is located, the California Department
<br />25F-11
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