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<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 11 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. S13l7), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource <br />Conservation and Recovery Act, 42 U.S.C. S690l 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. S960l et seQ. (42 U.S.C. S960l). <br /> <br />17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all <br />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 matters, <br />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 all <br />applicable federal, state, and local agencies and bureaus. <br /> <br />18. Indemnitv. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, <br />action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense <br />(including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, <br />release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the <br />transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any <br />statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, <br />discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the <br />Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, <br />cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including <br />sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business <br />income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, <br />contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to <br />liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or <br />omissions to act post close of this escrow. <br /> <br />19. 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 City <br />herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance <br />and approval. <br /> <br />4 <br />