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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) petrcleum, (VI). asbestos, (vli)
<br />polychlorinated biphenyls, (vili) 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. 81317), (x) defined
<br />as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
<br />S6901 eLt sea. (42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the
<br />Comprehensive €nvimnmentat Response, Compensation, as am. ended• by Llabfilty Act, 42. U•.S.C. S9604 Q
<br />sea, (42 U,&C, 59601):
<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 Agpnoy,.and ell eppllcehle federal,,state,.and local agencies and Wreaus.
<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 (1) 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, er (4 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 />penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for
<br />personal Injury (Including sickness, disease, or death, tangible or intangible property damage,
<br />compensation for lost wages, business income, profits or other economic loss, damage to the natural
<br />resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect
<br />on the environment). This Indemnity extends only to liability created prior to or up to the date this escrow shall
<br />close. Seiler shall not be responsible for acts or omissions to act post close of this escrow.
<br />21). Contingency, it is understood and agreed between the parties hereto that the completion of this
<br />transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
<br />City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said
<br />acceptance and approval.
<br />21. Modification and Amendment. This PSA may not be modified or amended except in writing signed
<br />by the- Seller and City.
<br />22. partial Invalidity. Any provision of this PSA that Is unenforceable or invalid or the conclusion of
<br />which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the
<br />remaining provisions of this PSA shall remain in full force.
<br />23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience
<br />only and are riot to be considered in construing this PSA.
<br />24. Governina Law, This PSA shall be governed by and construed in accordance with the laws of the
<br />State of California.
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