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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. <br />Page 6 of 13 <br />Seller's InitialsV --C ��( <br />