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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
<br />substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code,
<br />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
<br />Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum,
<br />(vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as
<br />"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"
<br />pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous
<br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
<br />S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section
<br />101 of the Comprehensive Environmental Response, Compensation, as amended by Liability
<br />Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601).
<br />
<br />14. Compliance With Environmental Laws. Except as may be noted in the Environmental
<br />Disclosure Documents, to the best of Seller's knowledge said real property complies with all
<br />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,
<br />and other environmental matters, including, but not limited to, the Clean Water, Clean Air,
<br />Federal Water Pollution Control, Solid Waste Disposal, Resoume Conservation Recovery and
<br />Comprehensive Environmental Response Compensation and Liability Acts, and the California
<br />Environment Quality Act, and the rules, regulations, and ordinances of the Buyer within which
<br />the said real property is located, the California Department of Health Services, the Regional
<br />Water Quality Control Board, the State Water Resources Control Board, the Environmental
<br />Protection Agency, and all applicable federal, state, and local agencies and bureaus. Seller has
<br />provided Buyer with copies of any and all audits or reports performed on its behalf or which are
<br />in its possession relating to whether hazardous materials are present on or under said real
<br />property.
<br />
<br />15. No Further Warranties As To Said Real Property. Except as otherwise provided herein,
<br />the physical condition and title said real is and shall be delivered from Seller to Buyer in an "as
<br />is" condition, with no warranty expressed or implied by Seller, including without limitation, the
<br />presence of Hazardous Materials or the condition of the soil, its geology, the presence of known
<br />or unknown seismic faults, or the suitability of the Property for the development purposes
<br />intended hereunder.
<br />
<br />16. Modification and Amendment. This Agreement may not be modified or amended except
<br />in writing signed by the Seller and Buyer.
<br />
<br />17. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the
<br />conclusion of which would adversely affect the validity, legality, or enforcement of this
<br />Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain
<br />in full force.
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