|
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 s, eq. (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 />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. Seller shall not be responsible for acts or omissions to act post close of this escrow.
<br />20. Continciency. 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 not to be considered in construing this PSA.
<br />24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the
<br />State of California.
<br />
|