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<br />the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each,
<br />every, and all issue(s) that were raised or could have been raised in connection with the
<br />acquisition of said real property by City.
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<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 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 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 Environmental Response,
<br />Compensation, as amended by Liability Act, 42. U.S.C. 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
<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, Ciean 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.
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<br />19. Indemnitv. 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, punitive damage, cost, or expense arising from or out of any claim, action,
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