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<br />11. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the
<br />whole of their Agreement. Performance of this Agreement by Buyer shall lay at rest, each, every
<br />and all issue(s) that were raised or could have been raised in connection with the acquisition of
<br />said real property by Buyer.
<br />
<br />12. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous
<br />owner, tenant, occupant, or user of said real property generated, released, discharged or disposed
<br />of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under,
<br />in, or about said real property, or transported any Hazardous Materials to or from said real
<br />property. The extent of Seller's knowledge related to the presence of Hazardous Materials on,
<br />under, in, or about said real property is solely contained in the Phase I Environmental Site
<br />Assessment Report prepared by Converse Consultants dated May 12, 2003, a true and correct
<br />copy of which Buyer acknowledges having received. Seller shall not cause or permit the
<br />presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
<br />under, in, or about, or the transportation of any Hazardous Materials to or from said real property.
<br />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
<br />States Government, including, but not limited to, any material or substance which is (i) defined
<br />as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under
<br />Section 25115,25117 or 25122.7, or listed pursuant to Section 25140 of the California Health
<br />and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as
<br />"hazardous substance" under Section 25316 of the California Health and Safety Code, Division
<br />20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a
<br />"hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the
<br />California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release
<br />Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of
<br />the 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 US.c. S 1317), (x)
<br />defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and
<br />Recovery Act, 42 US.C. S 6901 et seq. (42 US.C. S 6903) 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. US.c. S 9601 et seq. (42 US.C. S 9601).
<br />
<br />13. Compliance With Environmental Laws. To the best of Seller's knowledge, as specified
<br />and limited by paragraph 12 above, said real property complies with all applicable laws and
<br />governmental regulations including, without limitation, all applicable federal, state, and local
<br />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
<br />Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive
<br />Environmental Response Compensation and Liability Acts, and the California Environment
<br />Quality Act, and the rules, regulations, and ordinances of the Buyer within which the subject
<br />property is located, the California Department of Health Services, the Regional Water Quality
<br />
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