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<br />whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every <br />and all issue(s) that were raised or could have been raised in connection with the acquisition of <br />said real property by City. <br /> <br />17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous <br />owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, <br />or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous <br />Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or <br />from the Property. Seller shall not cause or permit the presence, use, generation, release, <br />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 <br />Material" shall mean any substance, material, or waste which is or becomes regulated by any <br />local governmental authority, the State of California, or the United States Goyernment, <br />including, but not limited to, any material or substance which is (i) defined as a "hazardous <br />waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, <br />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" <br />under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 <br />(Carpenter-Presley-Tanner Hazardous Substance Account Act), (Iii) defined as a "hazardous <br />material", "hazardous substance", or "hazardous waste" under Section 25501 of the California <br />Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response <br />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 <br />Hazardous Substances), (v) petroleum, (vi) asbestos, (Yii) polychlorinated biphenyls, (viii) listed <br />under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of <br />Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a <br />"hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), <br />(x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and <br />Recovery Act, 42 U.S.C. S6901 et sea. (42 U.S.C. S6903) or (xi) defined as a "hazardous <br />substances" pursuant to Section 101 of the Comprehensive Enyironmental Response, <br />Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sea. (42 U.S.C. S9601). <br /> <br />18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property <br />complies with all applicable laws and governmental regulations including, without limitation, all <br />applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, <br />waste disposal, and other environmental matters, including, but not limited to, the Clean Water, <br />Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation <br />Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and <br />the California Enyironment 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 <br />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 <br />bureaus. <br /> <br />19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and <br />against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, <br />punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, <br />arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or <br />disposal of any Hazardous Material on, under, in or about, or the transportation of any such <br />materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, <br />ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, <br />release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or <br />about, to or from, the Property. This indemnity shall include, without limitation, any damage, <br />liability, fine, penalty, punitiye damage, cost, or expense arising from or out of any claim, action, <br />