|
15. Exceutions. City acknowledges receipt and terms of the Lease Agreement between
<br />Seller and Yum Yum Donut Shops, Inc., dated as of October 20, 2004.
<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
<br />owner, tenant, occupant, or user of said real property used, generated, released, discharged,
<br />stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous
<br />Materials ") on, under, in, or about said real property, or transported any Hazardous Materials to
<br />or from said real property, other than materials used in connection with the operation of said real
<br />property, in accordance with applicable laws. Seller shall not cause or permit the presence, use,
<br />generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or
<br />about, or the transportation of any Hazardous Materials to or from, said real property, other than
<br />materials used in connection with the operation of said real property, in accordance with
<br />applicable laws. The term "Hazardous Material" shall mean any substance, material, or waste
<br />which is or becomes regulated by any local governmental authority, the State of California, or
<br />the United States Government, including, but not limited to, any material or substance which is
<br />(i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste"
<br />under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California
<br />Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined
<br />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),
<br />(iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under
<br />Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
<br />Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
<br />Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
<br />Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls,
<br />(viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to
<br />Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20,
<br />(ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act,
<br />(33 U.S.C. S 1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
<br />Conservation and Recovery Act, 42 U.S.C. S6901 et M. (42 U.S.C. S6903) or (xi) defined as a
<br />hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seq. (42 U.S.C. 59601).
<br />-5-
<br />WSo,
<br />
|