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Comprehensive Environmental Response Compensation and Liability Acts, and the California <br />Environment Quality 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 Quality Control <br />Board, the State Water Resources Control Board, the Environmental Protection Agency, and all <br />applicable federal, state, and local agencies and bureaus. <br />18. Contingency. It is understood and agreed between the parties hereto that the enforceability of <br />this PSA, and the escrow created hereby, is contingent upon the express acceptance and approval of this <br />PSA by City. The execution of this PSA by City, and the delivery of same to Escrow Agent, shall <br />constitute said acceptance and approval. <br />19. Modification and Amendment This Agreement may not be modified or amended except in <br />writing signed by the Seller and City. <br />20. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the <br />conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall <br />have no effect, but all the remaining provisions of this Agreement shall remain in full force. <br />21. Captions. Captions and headings in this Agreement, including the title of this Agreement, are <br />for convenience only and are not to be considered in construing this Agreement. <br />22. Governing Law. This Agreement shall be governed by and construed in accordance with the <br />laws of the State of California. <br />23. No Reliance By One Party On The Other Each party has received independent legal advice <br />from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the <br />provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for <br />or against any party based upon any attribution to such party as the source of the language in question. <br />24. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no <br />other person or entity has or shall acquire any rights hereunder. <br />25. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, <br />execute and deliver such further documents (in form and substance reasonably acceptable to the party to be <br />charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the <br />terms and conditions of this Agreement, without cost. <br />26. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure <br />to the benefit of the successors and assigns of the parties to this Agreement. <br />27. Authority to Execute Agreement. Each undersigned represents and warrants that its signature <br />herein below has the power, authority and right to bind their respective parties to each of the terms of this <br />Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries <br />or damages to City in the event that such authority or power is not, in fact, held by the signatory or is <br />withdrawn. <br />28. Miscellaneous. <br />Page 5 of 12 <br />Seller's Initials Z ~-1~ <br />