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<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 Government, <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, (vii) 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 1 004 of the Resource Conservation and <br />Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous <br />substances" pursuant to Section 101 of the Comprehensive Environmental Response, <br />Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). <br /> <br />18. Compliance With Environmental Laws. To the best of Seller's knowledge the <br />Property complies with all applicable laws and governmental regulations including, without <br />limitation, all applicable federal, state, and local laws pertaining to air and water quality, <br />hazardous waste, waste disposal, and other environmental matters, including, but not limited to, <br />the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource <br />Conservation Recovery and Comprehensive Environmental Response Compensation and <br />Liability Acts, and the California Environment Quality Act, and the rules, regulations, and <br />ordinances of the city within which the subject property is located, the California Department of <br />Health Services, the Regional Water Quality Control Board, the State Water Resources Control <br />Board, the Environmental Protection Agency, and all applicable federal, state, and local <br />agencies and bureaus. <br /> <br />19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and <br />against any claim, action, suit, proceeding, 1055, 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, punitive damage, cost, or expense arising from or out of any claim, action, <br />suit or proceeding for personal injury (including sickness, disease, or death, tangible or <br />intangible property damage, compensation for lost wages, business income, profits or other <br />economic 1055, damage to the natural resource or the environment, nuisance, pollution, <br />contamination, leak, spill, release, or other adverse effect on the environment). This indemnity <br />extends only to liability created prior to or up to the date this escrow shall close. Seller shall not <br />be responsible for acts or omissions to act post close of this escrow. <br /> <br />Page 5 of 12 <br />