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15. Exceptions. City agrees to accept title to said real property subject to the following: 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. Neither Seller nor, to the best of Seller'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 substances, or related materials ("Hazardous Materials")
<br /> on, under, in, or about the Property, or transported any Hazardous Materials to or from the
<br /> Property. Seller shall not cause or permit the presence, use, generation, release, discharge,
<br /> storage, or disposal of any Hazardous Materials on, under, in, or 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 the 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 /> "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
<br /> Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
<br /> Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California
<br /> Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
<br /> Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
<br /> "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
<br /> Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a
<br /> "hazardous substance" under Section 25281 of the California Health and Safety Code, Division
<br /> 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
<br /> (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely
<br /> hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
<br /> Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean
<br /> Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the
<br /> Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi)
<br /> defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive
<br /> Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg.
<br /> (42 U.S.C. S9601).
<br /> 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
<br /> complies with all applicable laws and governmental regulations including, without limitation, all
<br /> applicable federal, state, and local laws pertaining to air and water quality, hazardous waste,
<br /> waste disposal, and other environmental matters, including, but not limited to, 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 Act, and the rules, regulations, and ordinances of the city within
<br /> which the subject property is located, the California Department of Health Services, the Regional
<br /> 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. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
<br /> any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
<br /> damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out 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 (ii) 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 about, to or from, the
<br /> 4
<br /> Exhibit 3
<br /> 25F-11
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