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<br />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.
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<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 seq. (42 U.S.C. S6903) 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 seq. (42 U.S.C. S9601).
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<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.
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