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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, or
<br />disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials")
<br />on, under, in, or about the Property, or transported any Hazardous Materials to or from the
<br />Property. Seller shall not cause or permit the presence, use, generation, release, discharge,
<br />storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of
<br />any Hazardous Materials to or from, the Property. The term "Hazardous Material" shalt mean any
<br />substance, material, or waste which is or becomes regulated by any local governmental authority,
<br />the State of California, or the United States Government, including, but not limited to, any material
<br />or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or
<br />"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section
<br />25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
<br />Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health
<br />and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance
<br />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
<br />(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous
<br />substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter
<br />6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br />polychlorinated biphenyls, (viii} listed under Article 9 or defined as "hazardous" or "extremely
<br />hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
<br />Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean
<br />Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the
<br />Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sew. (42 U.S.C. S6903) or (xi)
<br />defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sew.
<br />(42 U.S.C. S9601).
<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 the
<br />California Environment Quality Act, and the rules, regulations, and ordinances of the city within
<br />which the subject 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.
<br />19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
<br />any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
<br />damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or
<br />based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
<br />Hazardous Material on, under, in or about, or the transportation of any such materials to or from,
<br />the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule,
<br />regulation, permit, judgment, or license relating to the use, generation, release, discharge,
<br />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,
<br />punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for
<br />personal injury (including sickness, disease, or death, tangible or intangible property damage,
<br />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
<br />other adverse effect on the environment). This indemnity extends only to liability created prior to
<br />or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to
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