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substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted
<br />hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the
<br />California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii)
<br />defined as "hazardous substance" under Section 25316 of the California Health and Safety Code,
<br />Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined
<br />as a "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 the
<br />California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous
<br />Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or
<br />defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
<br />Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant
<br />to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste"
<br />pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq.
<br />(42 U.S.C. 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 seg. (42 U.S.C. S9601).
<br />18. Compliance With Environmental Laws. Except for the known Hazardous Material plume in
<br />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, the
<br />Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
<br />Conservation Recovery and Comprehensive Environmental Response Compensation and Liability
<br />Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the
<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 Environmental
<br />Protection Agency, and all applicable federal, state, and local agencies and bureaus.
<br />19. Intentionally Omitted.
<br />20. Contingency. It is understood and agreed between the parties hereto that the completion of
<br />this transaction, and the escrow created hereby, is contingent upon the specific acceptance and
<br />approval of the City herein. The execution of these documents and the delivery of same to Escrow
<br />Agent constitutes said acceptance and approval.
<br />21. Modification and Amendment This Agreement may not be modified or amended except in
<br />writing signed by the Seller and City.
<br />22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the
<br />conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement
<br />shall have no effect, but all the remaining provisions of this Agreement shall remain in full force.
<br />23. Captions. Captions and headings in this Agreement, including the title of this Agreement,
<br />are for convenience only and are not to be considered in construing this Agreement.
<br />24. Governing Law. This Agreement shall be governed by and construed in accordance with the
<br />laws of the State of California.
<br />25. No Reliance By One Party On The Other Each party has received independent legal
<br />advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning
<br />of the provisions hereof. The provisions of this Agreement shall be construed as to their fair
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