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Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, <br /> permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or <br /> <br /> - transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity <br /> shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense <br /> arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, <br /> disease, or death, tangible or intangible property damage, compensation for lost wages, business <br /> income, profits or other economic loss, damage to the natural resource or the environment, <br /> nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). <br /> This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller <br /> shall not be responsible for acts or omissions to act pos# close of this escrow. <br /> 16. Modification and Amendment. This PSA may not be modified or amended except in writing <br /> signed by the Seller and City. <br /> 17. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion <br /> of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, <br /> but all the remaining provisions of this PSA shall remain in foil force. <br /> 18. Captions. Captions and headings in this PSA, including the title of this PSA, are for <br /> convenience only and are not to be considered in construing this PSA. <br /> 19. Governing Law. This PSA shall be governed by and construed in accordance with the laws <br /> of the State of California. <br /> 20. No Reliance By One Party On The Other. Each party has received independent legal advice <br /> from its attorneys with respect to the advisability of executing this PSA and the meaning of the <br /> provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or <br /> against any party based upon any attribution to such party as the source of the language in question. <br /> 21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no <br /> other person or entity has or shall acquire any rights hereunder. <br /> 22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, <br /> execute and deliver such further documents (inform and substance reasonably acceptable to the party <br /> to be charged) and do such other acts and things as are reasonably necessary and appropriate to <br /> effectuate the terms and conditions of this PSA, without cost. <br /> 23. A Ilcabili of A reement To Asst Haas. This PSA shall b <br /> u~- ~ g g e bindin u on and shall i <br /> g p nure to <br /> the bene it of # <br /> he successors and assi ns of the <br /> g Parties to this PSA. <br /> 24. Authority to Execute Agreement. Each undersigned represents and warrants that its <br /> signature hereinbelow has the power, authority and right to bind their respective parties to each of the <br /> terms of this PSA, and shall indemnify Cify fully, including reasonable costs and attorney's fees, for any <br /> injuries or damages to City in the event that such authority or power is not, In fact, held by the signatory <br /> or is withdrawn. <br /> 25. Construction Contract and Curative Work. <br /> {a) It is understood and agreed by and between the parties here#o in addition to the <br /> compensation shown in Paragraph 2 hereinabave, the Buyer, its contractors or assigns, shall <br /> perform the following construction contract items at the time of the installation of the proposed <br /> project: NONE. <br /> 25J-5 <br /> <br />