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to any "hazardous materials" (as defined below) (including without limitation <br />the Comprehensive Environmental Response, Compensation and Liability Act <br />of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the <br />applicable provisions of the California Health and Safety Code and California <br />Water Code). As used herein, "hazardous materials" shall mean any <br />(a) chemical, compound, material, mixture or substance that is now defined or <br />listed in, or otherwise classified pursuant to any environmental law as a <br />"hazardous substance," "hazardous material," "hazardous waste," <br />"extremely hazardous waste," "infectious waste," "toxic waste," "toxic <br />pollutant" or any other formulation intended to define, list or classify substances <br />by reason of deleterious properties or effect and (b) petroleum, petroleum by- <br />products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas <br />usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal <br />solid waste steam, drilling fluids, produced waters and other wastes associated <br />with the exploration, development and production of crude oil, natural gas or <br />geothermal resources. <br />6.1.7 No Assumed Obligations. There are no <br />obligations or responsibilities of Seller with respect to the Property or otherwise <br />of any kind that are assumed by Buyer. <br />6.1.8 Endangeredpecies. To the best of Seller's <br />knowledge, (a) there are no endangered or threatened species of animals, plants <br />or insects on the Property, and (b) there are no environmental or biological <br />characteristics of the Property or adjacent property, which under existing law <br />will adversely affect Buyer's ability to own, develop and/or market the Property <br />or the cost thereof. <br />6.1.9 Ownership of Property_. Seller is the sole and only <br />party that owns or holds any interest in the Property. <br />6.1.10 Property Documents. To the best of Seller's <br />knowledge, the Property Documents and all other documents and information <br />provided by Seller or its agents or consultants to Buyer are complete, true and <br />accurate and do not omit any material fact, and there are no other documents, <br />materials, studies, surveys or other information in the possession or control of <br />Seller that would have a material and adverse effect on Buyer's ability to own, <br />develop and/or market the Property. <br />6.1.11 Other Agreements. Except as set forth in the <br />Property Documents and this Agreement, Seller has not made any commitment <br />or representation to or entered into any agreement of any kind with any <br />government authority, or any adjoining or surrounding property owner, group or <br />other third party, which would in any way be binding on Buyer or all or any <br />portion of the Property or would interfere in any way with Buyer's ability to <br />own, develop, improve and/or market the Property, and will not make any such <br />representations or warranties or enter into any such agreements which would <br />-10- <br />