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5489135.1 6
<br />APPLICABLE ZONING OR BUILDING REQUIREMENTS; (XIV) DEFICIENCY OF
<br />ANY UNDERSHORING; (XV) DEFICIENCY OF ANY DRAINAGE; (XVI) THE FACT
<br />THAT ALL OR A PORTION OF THE PROPERTY MAY BE LOCATED ON OR NEAR
<br />AN EARTHQUAKE FAULT LINE; (XVII) THE EXISTENCE OF VESTED LAND USE,
<br />ZONING OR BUILDING ENTITLEMENTS AFFECTING THE PROPERTY; (XVIII)
<br />THE AVAILABILITY OF ANY UTILITIES TO THE PROPERTY OR ANY PORTION
<br />THEREOF, INCLUDING, WITHOUT LIMITATION, WATER, SEWAGE, GAS, AND
<br />ELECTRICITY; (XIX) USAGES OF ANY ADJOINING PROPERTY; (XX) ACCESS TO,
<br />AND EASEMENTS AND RIGHTS OF WAY WHICH ARE A BURDEN UPON OR
<br />WHICH BENEFIT, THE PROPERTY OR ANY PORTION THEREOF; (XXI) ANY
<br />EXPENSES, CHARGES, LIENS, ENCUMBRANCES, RIGHTS, OR CLAIMS ON OR
<br />AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART THEREOF;
<br />(XXII) THE EXISTENCE OR NON EXISTENCE OF UNDERGROUND STORAGE
<br />TANKS UPON OR BENEATH THE SURFACE OF THE PROPERTY; (XXIII) ANY
<br />MATTERS ARISING FROM OR RELATING TO SELLER’S ALLEGED SUPERIOR
<br />KNOWLEDGE OR BREACH OF ANY DUTY TO DISCLOSE; AND (XXIV) ANY
<br />OTHER MATTER WITH RESPECT TO THE PROPERTY.
<br />5.1.1. Certain Definitions.
<br />a) For purposes of this Contract, “Hazardous Materials” shall mean any hazardous or
<br />toxic materials, substances, or wastes, including, without limitation, (A) substances
<br />defined as “hazardous substances,” “hazardous materials,” “hazardous waste,”
<br />“pollutant,” “infectious waste,” or “toxic substances,” or words of similar meaning
<br />or regulatory effect under the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.) (“CERCLA”),
<br />the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.)
<br />(“RCRA”), the Hazardous Materials Transportation Act (49 U.S.C. § 1801, et seq.),
<br />the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), the Clean Air
<br />Act (42 U. S. C. § 740 1, et seq.), the Toxic Substances Control Act (15 U.S.C. §
<br />2601, et seq.), the Refuse Act (33 U.S.C. § 407), Carpenter-Presley-Tanner
<br />Hazardous Substance Account Act, California Health and Safety Code §§ 25300, et
<br />seq., Hazardous Substance Cleanup Bond Act of 1984, California Health and Safety
<br />Code §§ 25385, et seq., and related statutes including sections 25356.1-25356.4 of
<br />the California Health and Safety Code, Porter-Cologne Water Quality Control Act,
<br />California Water Code §§ 13000 et seq., as any or all of such acts are amended from
<br />time to time; (B) those materials identified in §§ 66680 through 66685 and §§ 66693
<br />through 66740 of Title 22 of the California Administrative Code, Division 4, Chapter
<br />30, as amended from time to time; (C) any substance defined as a “hazardous
<br />substance”, “hazardous waste”, “extremely hazardous waste”, “RCRA hazardous
<br />waste”, “waste” or “hazardous material” in §§ 25115, 25117, 25122.7, 25120.2,
<br />25124, 25281, 25316 or 25501 of the California Health and Safety Code, as amended,
<br />or listed pursuant to § 25140 of the California Health and Safety Code, as amended;
<br />(D) any chemical or other substance regulated by the California Safe Drinking Water
<br />and Toxic Enforcement Act of 1986, California Health and Safety Code § 25249.5,
<br />et seq., as amended; (E) any substance defined as a “waste” or “hazardous substance”
<br />in § 13050 of the California Water Code, as amended; (F) any substance listed in
<br />California Labor Code §§ 6501.7 or 9004, as amended; (G) any materials, substances,
<br />or wastes which are toxic, ignitable, corrosive, or reactive, and which are regulated
<br />EXHIBIT 1
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