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<br />Response Compensation and Liability Acts, and the California Environment Quality <br />Act, and the rules, regulations, and ordinances of the city within which the subject <br />property is located, the California Department of Health Services, the Regional Water <br />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 /> <br />19. Indemnitv. Seller agrees to indemnify, defend and hold the City harmless from <br />and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, <br />fine, penalty, punitive damage, or expense (including, without limitation, attorneys' <br />fees), resulting from, arising out of, or based upon (i) the presence, release, use, <br />generation, discharge, storage, or disposal of any Hazardous Material on, under, in or <br />about, or the transportation of any such materials to or from, the Property, or (ii) the <br />violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, <br />judgment, or license relating to the use, generation, release, discharge, storage, disposal, <br />or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. <br />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 <br />proceeding for personal injury (including sickness, disease, or death, tangible or <br />intangible property damage, compensation for lost wages, business income, profits or <br />other economic loss, damage to the natural resource or the environment, nuisance, <br />pollution, contamination, leak, spill, release, or other adverse effect on the environment). <br />This indemnity extends only to liability created prior to or up to the date this escrow shall <br />close. Seller shall not be responsible for acts or omissions to act post close of this <br /> <br />escrow. <br /> <br />20. Continaencv. It is understood and agreed between the Parties hereto that <br />the completion of this transaction, and the escrow created hereby, is contingent upon the <br />specific acceptance and approval of the City herein. The execution of these <br />documents and the delivery of same to Escrow Agent shall constitute acceptance and <br />approval. <br /> <br />21. Modification and Amendment. This PSA may not be modified or amended <br />except in writing signed by the Seller and City. <br /> <br />Page70f11 <br /> <br />I ~/-- <br /> <br />Seller's Initials~ <br />