|
16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their
<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 in connection with the acquisition of said real property by City.
<br />17. Hazazdous Waste. Neither Seller nor, to the best of Seller's knowledge, tenant, occupant, or user of the
<br />Property used, generated, released, discharged, stored, or disposed of any hazazdous waste, toxic substances, or
<br />related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous
<br />Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release,
<br />dischazge, storage, or disposal of any Hazazdous Materials on, under, in, or about, or the transportation of any
<br />Hazazdous Materials to or from, the Property. The term "Hazazdous Material" shall mean any substance,
<br />material, or waste which is or becomes regulated by any local governmental authority, the State of Califomia, or
<br />the United States Government, including, but not limited to, any material or substance which is (i) defined as a
<br />"hazardous waste", "extremely hazazdous waste", or "restricted hazardous waste" under Section 25115, 25117 or
<br />25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5
<br />(Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the Califomia
<br />Health and Safety Code, Division 20, Chapter 6.8 (Cazpenter-Presley-Tanner Hazazdous Substance Account
<br />Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501
<br />of the Califomia Health and Safety Code, Division 20, Chapter 6.95 (Hazazdous Materials Release Response
<br />Plans and Inventory), (iv) defined as a "hazazdous substance" under Section 25281 of the Califomia Health and
<br />Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazazdous Substances), (v) petroleum, (vi)
<br />asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazazdous" or "extremely
<br />hazazdous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)
<br />designated as a "hazazdous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x)
<br />defined as a "hazazdous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
<br />U.S.C. 56901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazazdous substances" pursuant to Section 101 of
<br />the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et
<br />sue. (42 U.S.C. 59601). _
<br />18. 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, hazazdous 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 Environrnent 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 Boazd, the State Water Resources Control Boazd, the Environmental Protection Agency, and all
<br />applicable federal, state, and local agencies and bureaus.
<br />19. 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 acceptance
<br />and approval.
<br />20. Modification and Amendment. This Agreement may not be modified or amended except in writing
<br />signed by the Seller and City.
<br />4
<br />
|