|
Materials to or from the Property. Seller shall not cause or permit the presence, use, generation,
<br />release, 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 Hazardous
<br />Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under
<br />Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of
<br />the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous
<br />substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a
<br />"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
<br />U.S.C. 56901 et sec . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to
<br />Section 101 of the Comprehensive Environmental Response, Compensation, as amended by
<br />Liability Act, 42. U.S.C. 59601 et sec . (42 U.S.C. 59601).
<br />18. This Paragraph intentionally left Blank.
<br />19. Indemnity. Subject to on-going monitoring and remediation of subsurface
<br />environmental conditions by Potential Responsible Party BP West Coast Products, LLC ("BP"),
<br />as reflected in a May 8, 2008 letter from BP to Seller, a copy of which is attached hereto as
<br />Exhibit "C", Seller agrees to indemnify, defend and hold the City harmless from and against any
<br />claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
<br />damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of,
<br />or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
<br />Hazardous Material on, under, in or about, or the transportation of any such materials to or from,
<br />the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule,
<br />regulation, permit, judgment, or license relating to the use, generation, release, discharge,
<br />storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the
<br />Property. 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 proceeding for
<br />personal injury (including sickness, disease, or death, tangible or intangible property damage,
<br />compensation for lost wages, business income, profits or other economic loss, damage to the
<br />natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or
<br />other adverse effect on the environment). This indemnity extends only to liability created prior
<br />to or up to the date this escrow shall close, and applies only to the period during which Seller
<br />possessed an ownership interest in Said Real Property.
<br />Page 5 of 11
<br />Seller's Initials ~ ,~~~- ~ W dIJD
<br />6~~ .-
<br />
|