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15. Exceptions. City agrees to accept title to said real property subject to the fallowing: NGNE.
<br /> 16. Entire Agreement. It is mufualiy agreed that the parties hereto have herein set forth the
<br /> whole
<br /> of (heir Agreement. Performance of this Agreement by City shall lay at rest, each, every,
<br /> and alt issues} that were raised or could have been raised in connection with fhe acquisition of
<br /> said real property by City.
<br /> 17. Hazardous Waste. Neither Setter nor, to the best of Seder's knowledge, any previous owner,
<br /> tenant, occupant, or user of the Property used, generated, released, discharged, stored, or
<br /> disposed of any hazardous waste, toxic subs#ances, or related materials ("Hazardous Ma#eriats")
<br /> on, under, in, or about the Property, or transported any Hazardous Materials to or from the
<br /> Property. Seller shaft not cause or permit the presence, use, genera#ion, release, discharge,
<br /> storage, or disposal of any Hazardous Materials on, under, in, ar about, or the transportation of
<br /> any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any
<br /> substance, material, or waste which is or becomes regulated by any local governmental authority,
<br /> the State of California, or fhe United States Government, including, but not limited to, any material
<br /> or substance which is {i) defined as a "hazardous waste", "extremely hazardous waste", or
<br /> "restric#ed hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
<br /> Section 25140 of the California Health and Safety Cade, Division 20, Chapter 6.5 (Hazardous
<br /> Waste Control Law), (ii} defined as "hazardous substance" under Section ?_5316 of the California
<br /> Health and Safety Cade, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
<br /> Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", ar
<br /> "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
<br /> Chapter 6.95 {Hazardous Ma#eriats Release Response Plans and Inventory), (iv) defined as a
<br /> "hazardous substance" under Sec#ion 25281 of the California Health and Safety Cade, Division
<br /> 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v} petroleum, (vi) asbestos,
<br /> (vii) polychlorinated biphenyls, {viii) fisted under Article 9 or defined as "hazardous" or "extremely
<br /> hazardous" pursuant to Article 11 of T(tle 22 of the California Administrative Code, Division 4,
<br /> Chapter 20, (ix} designs#ed as a "hazardous substances" pursuant to Section 311 of the Clean
<br /> Wafer Act, (33 U.S.C. S1317), (x) del+ned as a "hazardous waste" pursuant to Sec#ion 1004 of fhe
<br /> Resource Conservation and Recovery Aci, 42 U.S.C. S6901 of sgq. {42 U.S.C. S6903) or (xi}
<br /> defined as a "hazardous substances" pursuant to Seetfon 101 of the Comprehensive
<br /> Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 e# s_q.
<br /> (42 U.S.C. S9601).
<br /> 18. Compliance With Environmental Laws. To the best of Setter's knowledge the Property
<br /> complies with all applicable laws and governmental regulations including, without limitation, alt
<br /> applicable federal, state, and local laws pertaining to air and wafer quality, hazardous waste,
<br /> waste disposal, and other environmental matters, including, but not limited #o, the Clean Water,
<br /> Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
<br /> Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the
<br /> California Environment Quality Ac#, and the rotes, regulations, and ordinances of the city within
<br /> which the subject property is Coca#ed, the California Department of Health Services, fhe Regional
<br /> Water Quality Contras Board, the State Water Resources Control Board, the Environmental
<br /> Protec#ion Agency, and all applicable federal, s#ate, and local agencies and bureaus.
<br /> 19. toe i Setter agrees to indemnify, defend and hold the City harmless from and against
<br /> any claim, action, suit, proceeding, toss, cost, damage, liability, deficiency, fine, penally, punitive
<br /> damage, or expense (including, without limitation, attorneys' fees), resu!#ing from, arising auf of, or
<br /> based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
<br /> Hazardous Material on, under, in or about, or the transportation of any such materials to or from,
<br /> the Property, or (it) the violation, or alleged violation, of any statute, ordinance, order, rule,
<br /> regulation, permit, judgment, or license relating to the use, generation, release, discharge,
<br />
<br /> storage, disposal, or transportation of Hazardous Materials on, under, in, or abou#, to or from, the
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