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"hazardous" dog s" or tlextremel hazardous" pursuant to Article I I of Title 22 of the Califomia Administrative Code,
<br />lyisxon 4, Chapter 20 i designated as a 1111azardous substances pursuant to Section 311 of the Clean Water
<br />Act, 3 U.S.C. S1317), (x) defined as "hazardous aster' purstiant to Section 1004 of the Resource
<br />tion acid Recover Act U.S.C. 56901 t �. (42 ,S.C, 56903) or i defined a a. hazardous
<br />doe y � suhstances� pursuant to Section 101 of the Comprehensive nviroinne tal Response, Compensation, as
<br />amended by Liability Act, 42. U.S.C. 59601 et se . 42 U. S,C. S90 1.
<br />Comp
<br />Hance With Envirgimpental Laws. To the best of Selleir's knowledge the Property comp lies with all
<br />applicable le lays and o err .eiital regulations including, Litho t limitation, all applicable federal, state, and
<br />local lays pertaining to air and water quality, hazardous paste, waste disposal, and other environniental. matters,
<br />including, but not iii iced to the Clean Water, Clean Air, Federal Water Pollution Control, Solid haste
<br />Disposal, Resource, Conservation Recovery er and Comprehensive Enviromnental Response Compensation and
<br />Liability Acts and the California Eliviromnent Quality Act, and the -ales, regulations, and ordinances of the
<br />Seller within which the subject property is located, the California Depailment of Health Ser iccs, the Regional
<br />Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency,
<br />and all applieabte federal, state, and local agencies and bureaus.
<br />ndenniit . Seller agrees to ind n ify, defend and hold the Agency harmless from and against any
<br />l im action , suit , proceeding, loss, cost, damage, liability, de cie ey, fine, penalty, punitivo damage, or
<br />epee (including, without Ifinitation, attorneys' fees), resulting fr 1 , arising out of, or based upon i the
<br />,
<br />Presence, release, use generation, discharge, storage, o disposal of any Hazardous Material on, under, in or
<br />out or the transpoilation of any such materials to or f om, the Property, or 11 the violation, or alleged
<br />o atlor of any statute, ordinance, order, rule, regulation, permit, judgmQnt, or license ml ting to the use,
<br />generation, release , discharge, storage, disposal, or transportation of Hazardous Materials on, wider, 1 D, or
<br />a bout to or from the Property. This indeinmhy shall include, without limitation, any damage, liability, fire,
<br />penalty, p g
<br />l unitive damage, cost or expense arising from or out of any claim, action, suit or proceeding for
<br />personal 1j (including sictuiess, disease, or death, tangible or intangible property damage, compensation for
<br />lost a g e hitsiness ineome, profits or other econor ie loss, damage to the natural resource or the environment,
<br />no
<br />' s a ce , pollution, contamination leak, spill, release, or other adverse effect on the en iromnent . This
<br />extends only to liability created �-ior to -r up to the date this escrow shall close. Seller` shall riot b
<br />i deg rte y y
<br />responsible for ants or omissions to act post close of this escrow.
<br />/9 F Contingency. It is snider ;stood and agreed between the parties veto that th completion o this
<br />J
<br />transaction, d the escrow created hereby, is coat gent upon the specific acceptance and approval of the
<br />Agency herein.. The execution of these documents and the delivery of satne to Escrow Agent constitutes said
<br />acceptance and approval,
<br />20. Modification and A- mendment. This Agreer exit may not be modified r amended except in writing
<br />signed by the Seller and Agency.
<br />• ` Invalidity. n ro ision of this Agreement that is unenforceable of invalid or the conclusion of
<br />1 � Partial y
<br />,%N hic � old adversely affect the validity, legality, or enforcement of this s Agre met shall have no effect, bi
<br />all the remaining provisions of this Agreement shall reinain in full force.
<br />Captions. Captions and headings i n this Agreeme nt, including the title of this Agre moat, are for
<br />co . enic ce only and are not to be considered in construing this Agreement.
<br />, Governing law, This Agreement shall he go- vemed by and co stme'd in accordance with the, l v =s of the
<br />State ofCalifornia.
<br />Page A of 11
<br />Exhibit H
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