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16. Entire Agreement. It is mutually agreed that the parties hereto have
<br />herein set forth the whole of their Agreement. Performance of this
<br />Agreement by City shall lay at rest, each, every and all issue(s) that
<br />were raised or could have been raised in connection with the
<br />acquisition of said real property by City.
<br />17. Hazardous Waste. Neither Seller nor, to the best of Seller's
<br />knowledge, any previous owner, tenant, occupant, or user of the
<br />Property used, generated, released, discharged, stored, or disposed of
<br />any hazardous waste, toxic substances, or related materials
<br />("Hazardous Materials") on, under, in, or about the Property, or
<br />transported any Hazardous Materials to or from the Property. Seller
<br />shall not cause or permit the presence, use, generation, release,
<br />discharge, storage, or disposal of any Hazardous Materials on, under,
<br />in, or about, or the transportation of any Hazardous Materials to or
<br />from, the Property. The term "Hazardous Material" shall mean any
<br />substance, material, or waste which is or becomes regulated by any
<br />local governmental authority, the State of California, or the United
<br />States Government, including, but not limited to, any material or
<br />substance which is (i) defined as a "hazardous waste", "extremely
<br />hazardous waste", or "restricted hazardous waste" under Section
<br />25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the
<br />California Health and Safety Code, Division 20, Chapter 6.5
<br />(Hazardous Waste Control Law), (ii) defined as "hazardous substance'
<br />under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance
<br />Account Act), (iii) defined as a "hazardous material", "hazardous
<br />substance", or "hazardous waste" under Section 25501 of the
<br />California Health and Safety Code, Division 20, Chapter 6.95
<br />(Hazardous Materials Release Response Plans and Inventory),
<br />(iv) defined as a "hazardous substance' under Section 25281 of the
<br />California Health and Safety Code, Division 20, Chapter 6.7
<br />(Underground Storage of Hazardous Substances), (v) petroleum,
<br />(vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9
<br />or defined as "hazardous" or "extremely hazardous" pursuant to Article
<br />11 of Title 22 of the California Administrative Code, Division 4, Chapter
<br />20, (ix) designated as a "hazardous substance' pursuant to Section
<br />311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined "hazardous
<br />waste" pursuant to Section 1004 of the Resource Conservation and
<br />Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi)
<br />defined as a "hazardous substances" pursuant to Section 101 of the
<br />Comprehensive Environmental Response, Compensation, as
<br />amended by Liability Act 42. U.S.C. S9601 et sec. (42 U.S.C. S9601).
<br />18. Compliance With Environmental Laws. To the best of Seller's
<br />knowledge the Property complies with all applicable laws and
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