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14. Notices. The mailing address of the City of Santa Ana is 215 S. Center St (Admin Bldg. A), in the
<br />City of Santa Ana 92705, County of Orange, State of California. The mailing address of the Seller is RIF40,
<br />LLC, 269 S. Beverly Drive #1674, Beverly Hills, CA 90212.
<br />15. Exceptions. City agrees to accept title to said real property subject to the following: all easements of
<br />record.
<br />16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of
<br />their Agreement.
<br />17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any tenant, occupant, or
<br />user of the Property used, generated, released, discharged, stored. or disposed of any hazardous waste,
<br />toxic substances, or related materials ("Hazardous Materials") on. under, in, or about the Property, or
<br />transported any Hazardous Materials to or from the Property. Seller shall not knowingly cause or permit the
<br />presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under. in,
<br />or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
<br />Material" shall mean any substance, material, or waste which is or becomes regulated by any local
<br />governmental authority, the State of California, or the United States Government, including, but not limited to,
<br />any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or
<br />"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of
<br />the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined
<br />as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20,
<br />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 U.S.C.
<br />S6901 et sec (42 U S C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
<br />Comprehensive Environmental Response, Compensation, as amended by Liability Act. 42. U.S.C. S9601 et
<br />sec. (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, state,
<br />and local laws pertaining 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 Pollution Control, Solid
<br />Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and
<br />ordinances of the city within which the subject property is located, the California Department of Health
<br />Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
<br />Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
<br />19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any
<br />claim action. suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
<br />expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the
<br />presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under. in or
<br />about, or the transportation of any such materials to or from. the Property, or (ii) the violation, or alleged
<br />violation, of any statute, ordinance, order rule, regulation, permit, judgment, or license relating to the use,
<br />generation, release. discharge storage, disposal, or transportation of Hazardous Materials on. under. in. or
<br />about, to or from the Property. This indemnity shall include, without limitation, any damage. liability, fine,
<br />City Council 7-8 11/1/2022
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