of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42
<br />U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to
<br />Section 101 of the Comprehensive Environmental Response,
<br />Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C.
<br />S9601).
<br />18. Compliance With Environmental Laws. To the best of Seller's
<br />knowledge the Property complies with all applicable laws and governmental
<br />regulations including, without limitation, all applicable federal, state, and local
<br />laws pertaining to air and water quality, hazardous waste, waste disposal, and
<br />other environmental matters, including, but not limited to, the Clean Water,
<br />Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
<br />Conservation Recovery and Comprehensive Environmental Response
<br />Compensation and Liability Acts, and the California Environment Quality Act,
<br />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
<br />Water Quality Control Board, the State Water Resources Control Board, the
<br />Environmental Protection Agency, and all applicable federal, state, and
<br />local agencies and bureaus.
<br />19. Indemnity. Seller agrees to indemnify, defend and hold the City
<br />harmless from and against any claim, action, suit, proceeding, loss, cost,
<br />damage, liability, deficiency, fine, penalty, punitive damage, or expense
<br />(including, without limitation, attorneys' fees), resulting from, arising out of, or
<br />based upon (i) the presence, release, use, generation, discharge, storage, or
<br />disposal of any Hazardous Material on, under, in or about, or the
<br />transportation of any such materials to or from, the" Property, or (ii) the
<br />violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
<br />permit, judgment, or license relating to the use, generation, release, discharge,
<br />storage, disposal, or transportation of Hazardous Materials on, under, in, or
<br />about, to or from, the Property. This indemnity shall include, without limitation,
<br />any damage, liability, fine, penalty, punitive damage, cost, or expense arising
<br />from or out of any claim, action, suit or proceeding for personal injury
<br />(including sickness, disease, or death, tangible or intangible property
<br />damage, compensation for lost wages, business income, profits or other
<br />economic loss, damage to the natural resource or the environment, nuisance,
<br />pollution, contamination, leak, spill, release, or other adverse effect on the
<br />environment). This indemnity extends only to liability created prior to or up to
<br />the date this escrow shall close. Seller shall not be responsible for acts or
<br />omissions to act post close of this escrow.
<br />20. Contingences It is understood and agreed between the parties
<br />hereto that the enforceability of this PSA, and the escrow created hereby, is
<br />contingent upon the express acceptance and approval of this PSA by City. The
<br />execution of this PSA by City, and the delivery of same to Escrow Agent, shall
<br />constitute said acceptance and approval.
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