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<br />about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
<br />cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
<br />Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from,
<br />the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or
<br />becomes regulated by any local governmental authority, the State of California, or the United States
<br />Government, 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, 25117 or
<br />25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20,
<br />Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316
<br />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
<br />waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"
<br />under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
<br />Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii)
<br />listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title
<br />22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous
<br />substances" pursuant to Section 311 of the Clean Water Act, (33 U,S.C, S1317), (x) defined as a
<br />"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U,S.C.
<br />S6901 et sea. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of
<br />the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
<br />S9601 et sea. (42 U.S.C. S9601).
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<br />18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies
<br />with all applicable laws and governmental regulations including, without limitation, all applicable federal,
<br />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
<br />Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
<br />regulations, and ordinances of the city within which the subject property is located, the California
<br />Department of Health Services, the Regional Water Quality Control Board, the State Water Resources
<br />Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies
<br />and bureaus.
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<br />19. Indemnitv. Seller agrees to indemnify, defend and hold the City harmless from and against any
<br />claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
<br />expense (including, without limitation, attorneys' fees), resulting from. arising out of, or based upon (i) the
<br />presence, release, use, generation, discharge. storage, or disposal of any Hazardous Material on, under,
<br />in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or
<br />alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to
<br />the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on,
<br />under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage,
<br />liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or
<br />proceeding for personal injury (including sickness, disease, or death, tangible or intangible property
<br />damage, compensation for lost wages, business income, profits or other economic loss, damage to the
<br />natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other
<br />adverse effect on the environment). This indemnity extends only to liability created prior to or up to the
<br />date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this
<br />escrow.
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<br />20. Continaencv. 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
<br />the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes
<br />said acceptance and approval.
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