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<br />Agreement. Performance of this Agreement by City shall lay at rest, each, every and all issue(s) that were raised
<br />or could have been raised by Seller in connection with the acquisition of said real property by City.
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<br />16. 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 uom the Property. Seller shall not cause or permit the presence, use,
<br />generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the
<br />transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean
<br />any substance, material, or waste which is or becomes regulated by any local governmental authority, the State
<br />of California, or the United States Government, including, but not limited to, any material or substance which is
<br />(i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section
<br />25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code,
<br />Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section
<br />25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
<br />Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste"
<br />under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
<br />Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the
<br />California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances),
<br />(v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as
<br />"hazardous" or "extremely hazardous" pursuant to Article II of Title 22 of the California Administrative Code,
<br />Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water
<br />Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.c. S6901 et seQ. (42 U.S.C. S6903) or (xi) defined as a "hazardous
<br />substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as
<br />amended by Liability Act, 42. U.S.C. S9601 et seQ. (42 U.S.C. S9601).
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<br />17. Compliance With Environmental Laws. To the best of Seller's knowledge the portions of real Property
<br />comply with all applicable laws and governmental regulations including, without limitation, all applicable
<br />federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other
<br />environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution
<br />Control, Solid 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.
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<br />18. Contingencv. 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 City
<br />herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said final
<br />acceptance and approval by the City.
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<br />19. Modification and Amendment. This Agreement may not be modified or amended except in writing
<br />signed by the Seller and City.
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<br />20. Partial Invaliditv. Any provision of this Agreement that is unenforceable or invalid or the conclusion of
<br />which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but
<br />all the remaining provisions of this Agreement shall remain in full force.
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