|
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 to
<br /> Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant
<br /> to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sue. (42 U.S.C.
<br /> S6903) or (xi) 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 sue. (42
<br /> 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, are
<br /> 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
<br /> meaning, and not for or against any party based upon any attribution to such party as the source of
<br />
<br /> the language in question.
<br /> Page 3 of 8
<br />
<br />
|