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Newport Beach, CA 92660
<br /> 15. Exceptions. City agrees to accept title to said real property subject to items 4, 5, 6, 7, 8,
<br /> 9, 10, 11, 12, 13, 14 described in the preliminary title report, prepared by First American Title
<br /> Company, O-SA-1782120, dated May 20, 2009.
<br /> 16. Entire Aareement. It is mutually agreed that the parties hereto have herein set forth the
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<br /> whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every,
<br /> and all issue(s) that were raised or could have been raised in connection with the acquisition of
<br /> said real property by City.
<br /> 17. Hazardous Waste. Except as described in the documents:
<br /> Semi-Annual Groundwater Monitoring Report Second Half 2008, dated April 13, 2009
<br /> 2008 Semi-Annual Groundwater Monitoring Report-First Half ,dated August 4, 2008
<br /> 2007 Semi-Annual Groundwater Monitoring Report, dated March 18, 2008
<br /> 2007 Semi-Annual Groundwater Monitoring Report, dated September 19, 2007
<br /> 2006 Annual Groundwater Monitoring Report, dated March 7, 2007
<br /> Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user
<br /> of the Property used, generated, released, discharged, stored, or disposed of any hazardous
<br /> waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the
<br /> Property, or transported any Hazardous Materials to or from the Property. Except as described in
<br /> the documents above and except as permitted under the existing lease of the Property,_Seller
<br /> shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of
<br /> any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials
<br /> to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or
<br /> waste which is or becomes regulated by any local governmental authority, the State of California,
<br /> or the United States Government, including, but not limited to, any material or substance which is
<br /> (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste"
<br /> under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California
<br /> Health 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 20,
<br /> Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a
<br /> "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the
<br /> California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release
<br /> Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of
<br /> the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
<br /> Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed
<br /> under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title
<br /> 22 of 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. S1317), (x) defined as a
<br /> "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42
<br /> U.S.C. S6901 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. S9601 et seg. (42 U.S.C. S9601).
<br /> 18. Compliance With Environmental Laws. Except as described in the documents
<br /> referenced on Paragraph 17 above (or in other documents referenced in such documents), to the
<br /> best of Seller's knowledge the Property complies with all applicable laws and governmental
<br /> regulations including, without limitation, all applicable federal, state, and local laws pertaining to air
<br /> and water quality, hazardous waste, waste disposal, and other environmental matters, including,
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