14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36,
<br />P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The
<br />mailing address of the Seller is:
<br />In Saba, Inc.
<br />303 N. Bristol Street
<br />Santa Ana, CA 92703
<br />15. Exceptions. City agrees to accept title to said real property subject to the following:
<br />NONE.
<br />16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth
<br />the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each,
<br />every, and all issue(s) that were raised or could have been raised in connection with the
<br />acquisition of said real property by City.
<br />17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous
<br />owner, tenant, occupant, or user of the Property used, generated, released, discharged,
<br />stored, or disposed of any hazardous waste, toxic substances, or related materials
<br />("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous
<br />Materials to or from the Property. Seller shall not cause or permit the presence, use,
<br />generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in,
<br />or about, or the transportation of any Hazardous Materials to or from, the Property. The term
<br />"Hazardous Material" shall mean any substance, material, or waste which is or becomes
<br />regulated by any local governmental authority, the State of California, or the United States
<br />Government, including, but not limited to, any material or substance which is (i) defined as a
<br />"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
<br />a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of
<br />the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
<br />Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
<br />Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
<br />(Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii)
<br />polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely
<br />hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
<br />Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean
<br />Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of
<br />the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec. (42 U.S.C. S6903) or
<br />(xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et
<br />sec . (42 U.S.C. S9601).
<br />18. Compliance With Environmental Laws. To the best of Seller'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
<br />to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal,
<br />Resource Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
<br />regulations, and ordinances of the city within which the subject property is located, the
<br />California Department of Health Services, the Regional Water Quality Control Board, the State
<br />Water Resources Control Board, the Environmental Protection Agency, and all applicable
<br />25H-16
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