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<br />Newport Beach, CA 92660
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<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.
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<br />16. Entire AQreement. It is mutually agreed that the parties hereto have herein set forth the
<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.
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<br />17. Hazardous Waste. Except as described in the documents:
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<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
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<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 seQ. (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 seQ. (42 U.S.C. S9601).
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<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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