|
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
<br />material or substance which is (1) defined as a "hazardous waste", "extremely hazardous waste",
<br />or "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
<br />the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec. (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. 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
<br />Escrow Agent constitutes said acceptance and approval.
<br />20. Modification and Amendment. This Agreement may not be modified or amended except in
<br />writing signed by the Seller and City.
<br />21. 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 />22. Captions. Captions and headings in this Agreement, including the title of this Agreement,
<br />are for convenience only and are not to be considered in construing this Agreement.
<br />4
<br />25H-24
|