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17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
<br />occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous
<br />waste, 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 cause or permit the presence,
<br />use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about,
<br />or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall
<br />mean any substance, material, or waste which is or becomes regulated by any local governmental authority,
<br />the State of California, or the United States Government, including, but not limited to, any material or substance
<br />which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste"
<br />under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
<br />Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under
<br />Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner
<br />Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
<br />"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
<br />Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
<br />Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article
<br />9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
<br />Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section
<br />311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004
<br />of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined
<br />as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation, as 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 knowledge the Property complies with
<br />all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and
<br />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 Waste
<br />Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and
<br />Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city
<br />within which the subject property is located, the California Department of Health Services, the Regional Water
<br />Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and
<br />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 about,
<br />to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty,
<br />punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal
<br />injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost
<br />wages, business income, profits or other economic loss, damage to the natural resource or the environment,
<br />nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This
<br />indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be
<br />responsible for acts or omissions to act post close of this escrow.
<br />20. 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.
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