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15. Exceptions. City agrees to accep" title to said real property subject to the following: NONE.
<br />16. Entire Agreement. It is mutuafy 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, and
<br />all issue(s) that were raised or could have been raised in connection with the acquisition of said real
<br />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 disposed
<br />of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in,
<br />or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not
<br />cause or permit the presence, use, generation, release, discharge, storage, or disposal of any
<br />Hazardous Materials on, under, in or about, or the transportation of any Hazardous Materials to or
<br />from, the Property. he Term "H,azardOUS Material" shall mean any substance, material, or waste
<br />which is or becomes regulated by any local governmental authority, the State of California, or the
<br />United States Government, including, but riot lirniteu to, any material or substance which is (i) defined
<br />as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section
<br />25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
<br />Code, Division 20, Ct:afrrer 6.5 (Hazardous Waste Co, atrol Law), (ii) defined as "hazardous substance"
<br />under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
<br />(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
<br />material", "hazardous substance', or "hazardous waste" under Section 25501 of the California Health
<br />and Safety Code, Division 20, Chapter 6.95 (hazardous Materials Release Response Plans and
<br />Inventory), (iv) defines as a "hazardous substance' under Section 25281 of the California Health and
<br />Safety Code, Division 20, Chapter 6.' (l.ir(dF r(4rouno Storage of Hazardous Substances), (v)
<br />petroleum, (vi) asbestos, (vii) polycn'orinated biphenyis, (viii) listed under Article 9 or defined as
<br />"hazardous" or "extremely hazardous" pursuant to Article 1 I of Fitle 22 of the California Administrative
<br />Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of
<br />the Clean Water Act, 133 U.S.C. S1 3,T), (x) defined as a "hazardous waste" pursuant to Section 1004
<br />of the Resource Conservation arc Recovery Act, 42 U.S.C. -SG901 et a!ftg. (42 U.S.C. S6903) or (xi)
<br />defined as a "hazardous substances'' pursuant to Section 101 of the Comprehensive Environmental
<br />Response, Compensation, as amended by, Liability Act, 42. U.S.C. 59601 et spec. (42 U.S.C. S9601).
<br />18. Compliance WVith Environntergal Laws. To the best of Seller's knowledge the Property
<br />complies with all applicable iadvs and qovernrrier,iai regulations including, without limitation, all
<br />applicable federal, state, and 'ocal laws penaining ro air and vuater (quality, hazardous waste, waste
<br />disposal, and other envhonrnentai n-(atte - int;ludirrj. but nor !imited to, the Clean Water, Clean Air,
<br />Federal Water Pollution Control, Soliu Waste Disposal, Resource Conservation Recovery and
<br />Comprehensive Environmental Response Compensation grid Liability Acts, and the California
<br />Environment Quality Act, and the rules, ,-egJacions, and ordinances of the city within which the subject
<br />property is located, the Caffornia Dec?arlrnent of Health Services, the Regional Water Quality Control
<br />Board, the State Vtrater Resourr;es Ccrtrol Board, the Environmental Protection Agency, and all
<br />applicable federal, state, and local ageric;ices acid bureaus.
<br />19. Indernnity. Sclier gag,--s to i?x, .r,inify, ; efend and hold the City harmless from and against
<br />any claim, action, suit, oroceedrn . ic.as, cost, r°iarr(age, liability, deficiency, fine, penalty, punitive
<br />damage, or expense (irrclud rly, viitilc,'.ll lir!Iiia:ion, -at(orneys' fees), resulting from. arising out of, or
<br />based upon (i) the presence rele;ase?, use, ,g i e-at.ion, discharge, storage, or disposal of any
<br />Hazardous Material on. under, in or about, or r.he transportation of any such materials to or from, the
<br />Property, or (ii) the violation, or ?io3_:atiori, of any statute, ordinance, order, rule, regulation,
<br />permit, judgmel at, or rc; 1:>e r? lit r,ca ra, t; ;?sFS aerie, aEion, release, discharge, storage, disposal, or
<br />transportation of Hazrirdous nia,Leria: 1.810(D , n, cr about, to or from, the PraperZy. This indemnity
<br />shall include, without ri???itaticTr?. any "J;iTlage, fin(:, penaity, punitive damage, cost, or expense
<br />4
<br />25E-23
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