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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 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.
<br /> 17. Hazardous Waste. Seller has informed City (for which City was already aware) that the
<br /> site is over an existing plume that is being cleaned up and monitored by others, and for which
<br /> Seller is not responsible. Seller shall not cause or permit the presence, use, generation, release,
<br /> discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the
<br /> transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
<br /> Material" shall mean any substance, material, or waste which is or becomes regulated by any local
<br /> governmental authority, the State of California, or the United States Government, including, but
<br /> not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely
<br /> hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or
<br /> listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter
<br /> 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of
<br /> the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner
<br /> Hazardous Substance Account Act), {iii) defined as a "hazardous material", "hazardous
<br /> substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code,
<br /> Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
<br /> defined as a "hazardous substance" under Section 25281 of the California Health and Safety
<br /> Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum,
<br /> (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous"
<br /> or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code,
<br /> Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of
<br /> the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section
<br /> 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec.. (42 U.S.C.
<br /> S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
<br /> Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.
<br /> S9601 et sec . (42 U.S.C. S9601).
<br /> 18. Compliance With Environmental Laws. Except for the known Hazardous Material plume
<br /> in the ground water and related contamination noted in Section 17 above, to Seller's reasonable
<br /> knowledge the Property complies with all applicable laws and governmental regulations including,
<br /> without 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 to,
<br /> the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
<br /> Conservation Recovery and Comprehensive Environmental Response Compensation and Liability
<br />
<br /> Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the
<br />
<br /> city within which the subject property is located, the California Department of Health Services, the
<br /> Regional Water Quality Control Board, the State Water Resources Control Board, the
<br /> Environmental Protection Agency, and all applicable federal, state, and local agencies and
<br />
<br /> bureaus.
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