Laserfiche WebLink
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all <br />issue(s) that were raised or could have been raised in connection with the acquisition of Said <br />Real Property by City. It is the intent of the Parties hereto that the Acquisition Settlement <br />Agreement ("ASA"), attached hereto as Exhibit "C", shall constitute a separate agreement <br />between the Parties. <br />17. Hazardous Waste. Neither Sellers nor, to the best of Sellers'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. Sellers 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" shall mean <br />any substance, material, or waste which is or becomes regulated by any local governmental <br />authority, the State of California, or the United States Government, including, but not limited to, <br />any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous <br />waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed <br />pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 <br />(Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of <br />the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner <br />Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous <br />substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, <br />Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) <br />defined as a "hazardous substance" under Section 25281 of the California Health and Safety <br />Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, <br />(vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as <br />"hazardous" or "extremely hazardous" pursuant to. Article 11 of Title 22 of the California <br />Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" <br />pursuant to Section 311 of the Clean Water Act, (33.U.S.C. S1317), (x) defined as a "hazardous <br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. <br />S6901 et sec . (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section <br />101 of the Comprehensive Environmental Response, Compensation, as amended by Liability <br />Act, 42. U.S.C. S9601 et sue. (42 U.S.C. 59601). <br />18. Compliance with Environmental Laws. To the best of Sellers'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 agencies <br />and bureaus. <br />Page 5 of 10 <br />25K-8 Sellers's Initials <br />